My H1B will expire in six month (end of the sixth year window). My EB2 application is in process. However, it has been delayed. The filling with the Dept of Labor in the first stage has not been approved. That is, PERM has not been approved. At what point if the PERM is still not approved, do I need to get out of the U.S. in Nov?
-If your PERM is pending for at least one year before your current 6-year H-1 expires your employer can file the H-1 extension for another one year beyond the 6-year H-1 limit; or if you can get your I-140 approved (using premium processing) before your 6-year H-1 expires, then your employer can file H-1 extension for another 3 years for you beyond the 6-year H-1 limit.
Otherwise, you had better leave US before your 6-year H-1 expires (e.g. leave US in August), then your employer can file I-140 for you after the PERM approval, then the employer can file the H-1 extension beyond the 6-year limit for you. Then, after the H-1 extension is approved, you can apply for the H-1 visa from China to come back.
If I am outside of the U.S. and not working at my current company in the U.S., will the green card application be affected?
-No.
