Question on H1 expiry if labor or 140 not approved

[dommy56]

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.

[Attorney_11]

An approved I-140, even if approved in less than 365 days from when the PERM was filed, can be the basis of a request for time in H-1B beyond the six year maximum.