8th year H-1B Application from Outside US

[lostpacket]

I am in my 7th year of H-1B which was approved based on a pending appeal with AAO. This appeal is now denied and I don't have enough time to wait for approval of a PERM and subsequent approval of I-140 before I can apply for 8th year H-1B. At the end of 7th year, I have to leave US, so in about 3 months.

My question is can my employer file for H-1B when the I-140 is approved? I will be outside the US so it will be an H-1B extension with consular processing. OR Do I have to go restart the whole process of staying outside US for one year and go through Lottery.

Thanks.

[inadmissible]

Has your employer begun the PERM process yet? Recruiting, etc. They don't sound like they actually care whether you stay

[scientist2016]

I am in my 7th year of H-1B which was approved based on a pending appeal with AAO. This appeal is now denied and I don't have enough time to wait for approval of a PERM and subsequent approval of I-140 before I can apply for 8th year H-1B. At the end of 7th year, I have to leave US, so in about 3 months.

My question is can my employer file for H-1B when the I-140 is approved? I will be outside the US so it will be an H-1B extension with consular processing. OR Do I have to go restart the whole process of staying outside US for one year and go through Lottery.

Thanks.

Yes once your I140 is approved, your employer can However, a H1 can be extended only if there is time left on that petition. So I would recommend leaving the US ASAP so that you will have time left on your H1, which can then be filed for extension.