Labor if not approved before H1 expiry?

[dommy56]

Hi,

My 6 years of H1 will be expiring on May 26, 2013 and my labor application was filed on Feb 11, 2013.

I understand I would need to have labor and I-140 to be approved prior to May 26, for an extension of stay or else I would need to go out of the country if labor or I-140 if not approved by then.

In that case, if I go out of the country, will I be able to come back once labor and 140 is approved and a H1 is filed and approved? Or I would need to wait for 365 days?

Please advise.

[dommy56]

Hi, any inputs will be much appreciated. Could you please let me know? Thank you

[irarum]

I understand I would need to have labor and I-140 to be approved prior to May 26, for an extension of stay -only labor

In that case, if I go out of the country, will I be able to come back once labor and 140 is approved and a H1 is filed and approved? Or I would need to wait for 365 days? - If 6 years completed, then you stay out for 365 days. Labor is for future employement. Wait 365 days and return. You can still use your old labor and 140 to move forward.