H1b extension - After i94 expiry

[Abinaya_R]

My new employer is starting my green card process, but I might hit maxout (March 2023) before PERM gets approved. In this case, I will need to go to India and travel back after PERM/i140 is approved. During this time my employer wont run my payroll, and hence i believe will be out of status, but, i dont think it will affect my PERM process.

Will I be able to apply for extension from India, after the I140 is approved (I94 expired). Should I go to the consulate for stamping, as the extension was applied after i94 expiry?

Note: I have an approved i140 now, but my old employer might revoke it, as its less than 180 days since approved.

[Kalpesh_Dalwadi]

@Abinaya_R

During this time my employer wont run my payroll, and hence i believe will be out of status, but, i dont think it will affect my PERM process.

Once you leave the US , you are no more in H1B status which means you are not considered out of status. PERM is a future green card job so there is no impact whatsoever.

@Abinaya_R

Will I be able to apply for extension from India, after the I140 is approved (I94 expired). Should I go to the consulate for stamping, as the extension was applied after i94 expiry?

Only of your current visa is expired at the time you would be traveling back after EOS is approved.