Labor filed with 1 year of H1-B expiration

[invincibleruler]

Hi,

I need some help/advice and I would really appreciate if someone can help me. This is regarding labor application 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, 2014. 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?

I know these are lot of questions but I would really appreciate if you can help.

[mohanbabu400]

I assume the labor filed date is  March 06, 2015 and not 2014.

 

1) If you have any re-capture time left ( like if you have traveled outside US during your 6 years of H1B and not captured already ), then this time can be used towards your 6 years of H1B time and hence you can come under 365 days rule

 

2) If option 1) is not available, then lot of people do travel outside US for certain period to get the recapture time, get H1B extension based on 365 days rule

 

3) Depending on the kid of company( Consultancy or Good-Standing product company) you work for, you might get into trouble if you travel in oct-nov as you need to prove employer-employee relations ship or work at clients etc to the customs officer. If you work for a good standing product based company, then the risk is very minimal to none.

 

4) As per the current processing times, its taking about 5 to 6 months and it might change by end of the year

 

5) There shouldn't be any issues when you go for stamping as long as you could provide all documents and company history is good