please need help urgently

[gktrina]

hi i need to get some informations urgently regarding my labor certification. my H1B is expiring in april 25th 2009 and my employer filed for my labor in 20th may 2008.now my question is how long oes it take to get the labor certification and should i file for my H1 extension before the labor is approved or i will have to wait till it is approved?if yes then i heard that it takes atleast 2 to 6 months to get the labor approved. in that case i will have very little time for H1 extension.so what will b my options then?can i file for extension now within a month with a pending labor certification?if yes then how can i do that? please reply asap. i really need help.

[DMX17]

Are you talking about your six-year H1 term ending? Please be clearer.

For extensions beyond 6 yr, your labor must have been filed at least 365 days before your final NIV date (the date your 6 yr ends) OR you must have an I-140 approved before your final NIV date.

Time spent outside the U.S. can be recaptured when calculating the 6 yrs.

http://www.immihelp.com/forum/showthread.php?t=41128&highlight=Extension

[gktrina]

yeah i am talking abt 6 years time ending as i got the H1B only for one year. i was on another visa L1B before that. so i was granted only iyear o H1B.my labor certification was filed on may 20th 2008.i was out of states for abt 2 months in this 6 years. wht r my opplease let metions now?if my labor takes 3 to 6 months then how soon can i apply for I 140 and how soon it can get approved. pls help me asap.

[SFimm]

My labor cert was back 30 days after I filed in March 2008 and got it back in April 2008 - I suggest you start getting the I-140 ready so that you can file that as soon as you get the certified labor cert back.

Your extention might be a little tricky and I suggest you talk to an attorney as the labor cert/ I-140 will not have been filed at least 365 days prior to visa expiration date which is the usual reason for a 7th year extention. You might get lucky and get the I-140 approved before April 25, 2009

I don't know what processing center you use but you can have a look here https://egov.uscis.gov/cris/jsps/ptimes.jsp to see what processing date they are on.