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Labor certification started in less than 1 year of 6 year H1B expiry!!!

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  • Labor certification started in less than 1 year of 6 year H1B expiry!!!

    Hi All,

    My company just started filing GC process and they filed PERM (labor certification) last month (January-2011). But My 6 year H1B is going to expire this November-2011. If my labor get cleared before November-2011, then I am safe and can extend H1B for next 1 year.

    1. What will happen if the labor is not cleared by November-2011?
    2. If the labor is not cleared by November-2011, Can I go back to my country and then come back to US after the labor certification cleared?
    3. If my H1B expired in November-2011, and labor certification is not cleared, do I need to start the H1B process from the scratch? That means I can't come to US for next 1 year. right?

    Regards,
    CS

  • #2
    1. What will happen if the labor is not cleared by November-2011?
    >>> You will have to leave the country and return back on a fresh H1B after spending 1 year outside U.S.

    2. If the labor is not cleared by November-2011, Can I go back to my country and then come back to US after the labor certification cleared?
    >>> No. You can return only on a fresh H1B after 1 year. Alternatively, leave the country 3-4 months before the 6 year on H1B runs out. When the labor/I-140 gets approved, return back by recapturing the pending 3-4 months and file the 7th year extension based on the labor/I-140 approval.

    3. If my H1B expired in November-2011, and labor certification is not cleared, do I need to start the H1B process from the scratch? That means I can't come to US for next 1 year. right?
    >>> That is correct.
    Not a legal advice. Use of this information is strictly at your own risk.

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