My employer files a labor certification this April-01, 2011. My 6 year H1B max out date is Nov-15, 2011. I was outside of USA for 73 days in the last 5 years and we haven't claimed those dates so far. So if we apply for a H1B extension, we will probably get the H1B until, Jan-30, 2012 which is less than 1 year of labor certification pending. So if i take 2 months vacation now, i'll get the H1B extension until April-01, 2012 which is 1 year of labor certification pending.
My questions are:
1)Can I believe that I'll get the labor certification before Jan-30, 2012? If something bad happens, say if audit comes, then i can't get H1B extension for next 1 year as my labor certification is pending for less than one year.
2) Can I take 2 months vacation now? In this case, i dont need to worry about the labor certification clearance. Because I'll get H1B extension until April, 2012 which is more than 1 year of pending labor certification.
Please give me some proper guidelines.