H1B Period maxed out, need extension based on approved I-140

Hi Anil,
My H1B will max-out on 2-Mar-2021 and I am waiting for my Perm approval; PD is 10-Sep-20. I may not get the approval in time so I will be traveling to India.
Can I consume the entire H1B period i.e. till 2-Mar-2021 and travel and then once I-140 comes through apply for H1B extension?
I must retain a few days in current H1B and travel a few days before the max-out date.

Is there any such rule?


Attorneys usually recommend leaving about 60 days gap but people also leave 1 week or 1 day.

My suggestion is to leave about 1 week to 30 days as per your comfort level.

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as always, thanks Anil. I would try to leave >1 Week.

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