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    my labor was approved on august 28th ,2008 and i will file my I140 by september hopefully. now my problem is my H1 is expiring on april 25th,2009 and that includes the recaptured days i was outside USA.my labor was filed on may 13th,2008 and as my H1 expiring in april 25th 2009 then i am having about 18 days less than the required 365 days for H1 extension for 7th year. my lawyer is teling me to go to india or somewhere outside the country for atleast one month so that i gain that time and apply for H1 extension.so my uestion is
    1. is that really a good solution for the problem?
    2.if i stay till apil and my I 140 is not approved then i have to go to india but can i again come back as soon as it is approved?
    3.if i go to india in january 2009 and come back by feb 2009 will i b allowed to enter USA as i will have only 2 and a half months visa validity? my passport is valid for another 4 years so i hope coming back will not b a problem.

    please let me know asap as i am really worried and need ur help urgently.

  • #2
    1. Yes, as a last resort.
    2. There is premium processing for some cases of I140 available. Your case may qualify after it being pending for some days. Research into that.
    3. Yes as long as the visa and petition are valid.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      thank u very much.

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