after receiving RFE on i140 premium, would review of RFE in premium too and h1b 6th yr expiring?


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here is the background on my case -

1) My 6 year h1b term is expiring on 03/11/2014. It includes recapturing of vacation time as well..
2) first labor was filed on 05/30/2012 which got denied on 02/26/2013.
3) second labor was filed on 05/23/2013 (under 365 days of h1b 6 yr term expiring)
4) second labor got approved on 01/16/2014.
5) i140 filed in premium on 02/07/2014, which was received by USCIS on 02/10/2014 and entered in system on 02/12/2014.
6) RFE issued on 02/14/2014.

as of 02/22/2014, Neither lawyer nor employer has received RFE notice.

Since my visa is expiring on 03/11/2014, my lawyer and employer is suggesting me to leave the country before visa expires and come back after couple of months...

Employer's idea behind this plan is -
1) not let me stay in usa until visa expires..if i stay in country on or after visa expires, in that case, i will have to go through fresh h1b quota and stay out of country for longer period of time and it adds the risk of passing through lottery system.
2) if i leave before visa expires, in that case, employer will file h1b extension and add start date after 5/23/2014 so that i can get 1 year extension based on approved labor..and also in that case, approved labor will be 365 days before of visa expiration as i m leaving country with some unused days...

or apply for 3 years extension and enter start date immediately if i140 gets approved after i leave the country ..

My question here is -

1) is it a good idea to leave country when i140 is in progress (stuck in rfe stage)
2) or change status to b2 and stay in country without work..
3) after RFE is received on case and replied before visa expires, would uscis take care of it in premium as i140 has been filed in premium or would it take regular 4-6 months of time?

4) how many months do I have to be out of country?
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Hey - Sorry for your situation, Hope it's just temporary setback. 


I can't answer all question, but what I learned from my experience:-


- Once you apply I-140 in premium, it's always premium. I also got RFE & once my attorney responded, USCIS approved in 2 days.


- You can not use Labor approval to get 1 year extension, if it's not filed before 365 days.

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