am I already late?

[d16]

Hi,

My H1B 6 years are expiring in Nov/Dec 2008.

For me to get H1 extenstion I have to have my company file Labor Certification 365 Days before.

I wanted to know how long it takes to file for labor. There hasn't been anything done in this regard. I read from somewhere that filing labor certification itself is like 2-5 months process (placing adervisement etc)

Could someone clarify if I its already late to start the process now (given that its Oct 20 almost)

(Company lawyer says it takes 4 months process to file for LC - but I am not sure if its hard limit or its general timeframe)


Thanks in advance

[Defeated]

did you get an answer?

Hello d16...did you ever get an answer to your question? I'm wondering as well because I am in the same situation.

[knowledgeable]

Yes but ...

Yes, the company lawyer is right, it takes about four months to file for a labor certification. Although the process can be quicker if your company and the lawyers act fast.

Also, at the same time you can file for an extension on your H1B even without filing for the labor certification.

Your company needs to let USCIS know that you're important for the ongoing project etc.

Good luck.

[Defeated]

you have time....

You can recapture the time you went out of the US to add to your waiting time. As soon as you get your labor cetification approval you can apply for I-140 right away and hopefully by that time premium processing will be reinstated. The 365 days apply to your date of submission not approval. You have to act on your labor certification immediately.