Sir;

I am on H1B since 2001. LC for GC filed in 2001, LC approved in 2006, I-140 declined - appeal pending in AAO's office. I get one year extensions for H1B due to this, current H1B extension expires on 3rd July 2010.

We filed a new PERM in Oct 2009 as plan B after 8 years on H1B.

I am planning NOT to seek the one year H1 extension in July 2010 based on the old LC \ AAO Pending I-140; I am planning to go back to India instead in Feb 2010.

I plan to apply for the H1 extension ONLY after the 2009 PERM + corresponding I-140 are approved, it could be in December 2010 or may be later.

# 1 - If I do this, will it be still considered as H1B extension not subject to H1 quota cap?

# 2 - If I do this, do I get 3 year extension on H1B?

Regards.