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Hello folks,
My 6 years of H1B is expiring on 30-Sep-2014 and my company is yet to file my Labor certification (awaiting prevailing wages determination) and am hoping that it gets filed in next 2 weeks. However, currently the labor process is taking around 9 months to get approval, which will be around Sept. and that's when my H1B is expiring. In order for me to be eligible for 1 years of h1b extension, my I-140 needs to be approved as well. I have not travelled outside of USA since I came on H1B visa, so I cannot recapture the time I spent outside.
Considering the timings, I don't think I will receive my labor certification and I-140 approval before my visa expires. What happens in that case. Do I have to leave the country and If I do, can I come back once I get my I-140 approved. I hope that it is not that my PERM process gets voided, which automatically makes me not eligible for a new H1B.
I am debating about travelling outside USA in April and spend 2-3 months (assuming administrative processing will not take longer than that), so that I can recapture that time in Sept. Would that be a good idea.
Any insight to this would be highly appreciated.
Wishing you all a very Happy New Year !!
My 6 years of H1B is expiring on 30-Sep-2014 and my company is yet to file my Labor certification (awaiting prevailing wages determination) and am hoping that it gets filed in next 2 weeks. However, currently the labor process is taking around 9 months to get approval, which will be around Sept. and that's when my H1B is expiring. In order for me to be eligible for 1 years of h1b extension, my I-140 needs to be approved as well. I have not travelled outside of USA since I came on H1B visa, so I cannot recapture the time I spent outside.
Considering the timings, I don't think I will receive my labor certification and I-140 approval before my visa expires. What happens in that case. Do I have to leave the country and If I do, can I come back once I get my I-140 approved. I hope that it is not that my PERM process gets voided, which automatically makes me not eligible for a new H1B.
I am debating about travelling outside USA in April and spend 2-3 months (assuming administrative processing will not take longer than that), so that I can recapture that time in Sept. Would that be a good idea.
Any insight to this would be highly appreciated.
Wishing you all a very Happy New Year !!
