LC Approved- Filing I-140(H1 Expiring Dec-11)

[kesarianand]

Hi,

Appreciate your help on this query--

>> My H1-B(6 yrs) is expiring DEC-11 end(including recapture),

>> I have got LC approval this week-- EB3

>> Will be applying I-140(prem) OCT-11-End/Nov-1st week

>> If I get stuck and have to leave the country for few months..

Can I apply H1-B extension from out of country and come back before 1 year?.

Thanks..

[Attorney_17]

Yes. Assuming that the I-140 petition does not get approved and the H-1B extension does not get filed before December 2011, then your employer could file an H-1B petition on your behalf for consular notification once the I-140 gets approved. Please read our April 8, 2011 MurthyDotCom NewsBrief, "Filing Labor Certifications During Sixth Year of H1B," at http://www.murthy.com/news/n_lc6th.html for more information on this topic.