Is it ok to file LC just 4 months before the H1B Expiration date?

[keyboard]

My second H1B expires on July 2009. My present comany's LC got rejected. I got job offer which will start Feb 2009. Is it OK if I start my LC on Feb 2009 (just 4 months before my H1B expiration date). Do I have to keep it approved before July 2009? Please anyone advise.

[txh1b]

Is it ok? Yes

Will that get you an extension beyond 6 years. No, not unless your I140 is approved.

[keyboard]

Another Question

Thanks txh1b!

This is my understanding.

1) I have to have LC and I-140 approved to get my H1b extension betond 6 years.
2) If I don't have my I-140 approved or work in process, I cannot legally stay beyond my H1B expiration date. So, I have to go back to my home country.
3) Once my I-140 is approved, I can come back

Am I right?

Can you please answer these questions also.

[txh1b]

You got it right. People generally do not exhaust their H1b completely and leave with a month or two left from the 6 year term. After the I140 approval, they recapture this period along with an extension for the H1b for 3 years and enter on that. Look into if you qualify for I140 premium processing.