I140 approval in India - H1b max out

I have h-1b and 6 year getting completed on June 2022 and Perm process is initiated by company and it is in progress, looking at the progress, it looks like that perm will not be filed 365 days before my max out date and therefore very less chance of i140 approval before max out date. As per the company process, GC process will be continued even though I move back to India.
Do I have the correct understanding? Please advise if there is any other option.

  1. If I will relocate to India after consuming 6 yr of h1b and i140 approval comes after that while I am in India, I need to go through the lottery process to get h1b to come back to USA.
  2. If I will relocate to India few months (e.g. 6 month before) before completion of 6 yr of h1b, can come back to USA just by filing the h1b extension in cap exempt quota after I receive my i140 approval.


No need to go through lottery process once i140 is approved.

You can come back to US with valid H1B visa.

Hi Anil,

My case is also similar to KrishanSoni’s case. On tracker estimated approval of PERM shows 02/16 and my H1B is valid until 02/24/2021 (Max out). Please address below questions.

Does I140 need to be approved before maxout time to avoid lottery process?
In case PERM is approved by next week and we file i140 immediately, can i legally stay in the country with receipt no and file H1B upon i140 approval?

Thank You.

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Hi There, Once your PERM is approved you are eligible to file H1B extension and based on that you can stay in US. It’s not mandatory to have your I140 approved before 6yers max out period.

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