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Issue maintaining status when labor not filed 365 days before H-1B expires

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  • Issue maintaining status when labor not filed 365 days before H-1B expires

    Hi,

    I need some help/advice and I would really appreciate if someone can help me. This is regarding labor application ETA-9089 for green card not being filed before 365 days of my H-1B expiration date.

    My H1-B expires on Jan 15, 2016 and my labor certification application 9089 was filed on March 06, 2015. Since my labor wasn't filed 365 days before my H1-B expiration date, I know if the labor takes time I will be out of status.
    - Should I stay here to see if my labor gets approved in time? or is it very risky to go out of the country to India for a few days at some point in Aug-Sept to claim those days back and make it 365 days?
    - The visa stamp on my passport expires on 12/28/2015 so I am not sure if that could cause any trouble when I come back in Oct-Nov? Or do you advise to leave early probably around May-June for India?
    - Usually how much time does it take for the labor to go through?
    - Assuming that I stay here and if my labor doesn't get approved in time, I will have to go out of the country until I-140 is done. Does anyone know if it is a problem coming back here considering that I will have to go for visa stamping during that time? Are there any immigration issues while coming back?
    - Is there any option to get around this?

    All my time outside the country has been recaptured already.

    I know these are lot of questions but I would really appreciate if you can help.
    Last edited by invincibleruler; 03-16-2015, 05:04 PM. Reason: Made an error in the date

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