Labor certification started in less than 1 year of 6 year H1B expiry!!!

[surisingh]

Hi All,

My company just started filing GC process and they filed PERM (labor certification) last month (January-2011). But My 6 year H1B is going to expire this November-2011. If my labor get cleared before November-2011, then I am safe and can extend H1B for next 1 year.

1. What will happen if the labor is not cleared by November-2011?
2. If the labor is not cleared by November-2011, Can I go back to my country and then come back to US after the labor certification cleared?
3. If my H1B expired in November-2011, and labor certification is not cleared, do I need to start the H1B process from the scratch? That means I can't come to US for next 1 year. right?

Regards,
CS

[shervin143]

1. What will happen if the labor is not cleared by November-2011?
>>> You will have to leave the country and return back on a fresh H1B after spending 1 year outside U.S.

2. If the labor is not cleared by November-2011, Can I go back to my country and then come back to US after the labor certification cleared?
>>> No. You can return only on a fresh H1B after 1 year. Alternatively, leave the country 3-4 months before the 6 year on H1B runs out. When the labor/I-140 gets approved, return back by recapturing the pending 3-4 months and file the 7th year extension based on the labor/I-140 approval.

3. If my H1B expired in November-2011, and labor certification is not cleared, do I need to start the H1B process from the scratch? That means I can't come to US for next 1 year. right?
>>> That is correct.