Query on Labor Certification and I-140 - Please help

[aadesh]

Hello,

I've been allocated 4 months extension on my H1-B. With this extension my 6 years quota would complete. I'm currently staying outside of the U.S and have not got my stamping yet on the newly provided approval. I would like to know how I can keep my H1-B alive

My queries

1. Can I apply for Labor Certification staying outside of the U.S
2. If yes, what are the chances in the current times that I could get the labor within the 4 months. If I do not get the LC in the 4 months, what happens to the H1? Would it expire and should I apply for extension again?
3. Is there a premium processing available for LC as there is premium processing for I-140.
4. If I apply for the LC and if it does not get approved within the 4 months time, will my LC application be valid and would that be still in process?

As of now, I can think of only the above questions. It would be very helpful if somebody could reply to my above questions.

[raghvi]

Hello,

I've been allocated 4 months extension on my H1-B. With this extension my 6 years quota would complete. I'm currently staying outside of the U.S and have not got my stamping yet on the newly provided approval. I would like to know how I can keep my H1-B alive

My queries

1. Can I apply for Labor Certification staying outside of the U.S
2. If yes, what are the chances in the current times that I could get the labor within the 4 months. If I do not get the LC in the 4 months, what happens to the H1? Would it expire and should I apply for extension again?
3. Is there a premium processing available for LC as there is premium processing for I-140.
4. If I apply for the LC and if it does not get approved within the 4 months time, will my LC application be valid and would that be still in process?

As of now, I can think of only the above questions. It would be very helpful if somebody could reply to my above questions.

When you say 6 Years H1 quota, and extension approved only for 4 Months, does it mean that you have already spent 5 Years 8 Months physically in US in H1 status?

1. Yes your employer can.
2. 4 Months is too low a time and most probably not enough if it goes to audit.
3. No.
4. You can re apply for extension. I would advise applying for recapture as well as extension after completing 1 year period of Labor pending.

This is my opinion not legal advice.