Travel to India when Labor application in process

[pamararaj]

Hi,

My H1 is maxing out in June-2013. My company is starting the process to file my Labor. There are chances my labor will not be approved by June. So,

- Can I go to India in June and come back once my labor and I-140 is approved.

- Can I use the same H1B to get extension. Is there a time limit on when I can return back to US?

Thanks for the advise.

[pontevecchio]

The rule is either PERM Pending 365 days plus or I-140 pending 365 days or I-140 approval would result in extensions of H1 status. I suggest you discuss issues like recapture TIME ETC WITH YOUR EMPLOYER. if THE rule is satisfied you can come back with H1 extensions at that time.