Urgent help needed

[chinu]

My h1 is valid till may-2009.
Suppose if we start adverstisement process now. Then we may apply for my labor in Jan-09.
I am thinking to go to india for 3 months now. So i can recapture those 3 months.Please let me know, what is the best time for me to go to india.

If go to india, then my six year on h1 will end in Aug-2009.

If my labor and I-140 is not approved by Aug-2009.
Then I have to go to india in Aug-2009 and once labor , I-140 gets approved(may be in nov,dec-09), then can i get the h1 extension and come back to us?
Or that approved labor and I-140 is not usefull for me and do i have to apply for new h1b application.


Also my wife is on H1 visa, is that going to help me in any way.

[txh1b]

Your plan may not work that well. You should talk to your attorney. Labor and I140 are taking a while to get approved.

May be you can get on H4 now, wait for labor and I140 to be approved and get back on H1 again. The last I read, the H1 and H4 status were decoupled and do not count together for 6 year timeframe.

[chinu]

Thanks for your quick reply.

Actually i have 3 months vacation that i can recapture and 3 months i will go to india. so i will have total 6 months. When i recapture 6 months, my h1 will end in Oct-09.

Also my ex-employer has current advetisement and he is willing to apply my labor immidiately. My ex-employer has very good record of GC processing.
is this a good option?

Also is it ok if i apply labor from my current employer in Jan-09. Can i apply for labor certificates from two differnt employer.

My current employer is willing to do my B1 visa, in case my labor and I-140 is not approved before my six years on h1 ends.
Is it possible to apply for b1 and work in US till i get extension on my H1.

Please help.

Thank you.

Chinu

[C4us]

You have never been able to work for a US employer on B1.