What if I-140 gets approved in 7th year?

[karlpatrik]

My Labor Certification was started in 6th year and if it gets approved sometime at the fag end of 6th year. Any if my I-140 gets approved sometime early in my 7th year(say 1st month). Do I have a provision to get back to US (if I were to exit US at the expiry of H1-B date) as soon as my H1-B extension is approved or do I have to stay out for 1 full year before I can come back. Please advice. Thanks

[karlpatrik]

I appreciate a reply on this matter. Thanks

[pontevecchio]

Based on PERM pending 365 days or an approved I-140 you are allowed 1/3 year extensions of H1 status beyond the initial 6 years in total.

[schintala]

You can get yearly H1 extention based on I140 pending beyond 6 years. After 140 approval, u are eligible for 3 year extention.

[karlpatrik]

As of now my H1-B expires May end, we (our company) have filed for recapturing of dates which will buy me time until Jan 1st week 2012. All this bcoz my labor was denied last time and we are filing it all over again. The earliest we hope we can file is in April after we have waited for the recruitment and PWD to be completed. If I'm right, my only option for continued stay is to have LC and I-140 approved by Jan 1st week right? 1 yr extension based on pending PERM is ruled out. My only lack of knowledge is if my I-140 get approved post Jan 1st week (in which case I'll be outside US), can I file for H1-B extension and come back immediately or do I have to wait for 1year before coming back no matter if my I-140 is approved?