6th year on h1 ending in may-9, labor is not approved yet

[visu]

Hi all,
My H1-B Visa 6 yrs will complete only on May'09
My lawyer has started greencard application process.
I am thinking to go to india for 3-4 months now, so i can recapture this time.

Considering a worst-case scenario, if my I-140 is not approved by the time my 6 year on h1 is over.
In that case, can go to india and come back when my i-140 approved or do i need apply for new h1 visa.

Please help.

Thank you