H1 b sixth Year - PERM processing and Visa extension - Timing Issue

[nileshshah]

My H1 b is going to expire in January 2012. Currently my employer has already started PERM processing and we are looking to file Labor in Aug end. Considering the Labor process + I-140 with premium and then extension for H1 visa -

1. Do I still have good chance to get Labor and I-140 approved and then getting my H1 b extended before the Jan end 2012 deadline?
2. If its not done by that time and if I leave the country, can I come back after 1 year or I can come back in Aug end 2012 (as that will complete the 1 yr of labor filing)?
3. Most important que - We are expecting a baby and due date is 10 days before my visa end date. So in case if threre is any issue with Visa extension, is there any provision for getting some kind of extension in such case? Also is it possible to speed up the process for Passport etc for baby so that I can leave the country on time? Is there any other alternate (like going to Canada for a month and reclaiming that time)? Please suggest what is advisable in this case.

Thanks in advance.

[shervin143]

1. Do I still have good chance to get Labor and I-140 approved and then getting my H1 b extended before the Jan end 2012 deadline?
   >>> Hard to predict. There are cases where the labor takes more than 6 months to get cleared and then there are cases where it got cleared in 2 months.
   
   
2. If its not done by that time and if I leave the country, can I come back after 1 year or I can come back in Aug end 2012 (as that will complete the 1 yr of labor filing)?
   >>> You qualify to get a fresh H1B only after spending 1 year outside U.S.
   
   
3. Most important que - We are expecting a baby and due date is 10 days before my visa end date. So in case if threre is any issue with Visa extension, is there any provision for getting some kind of extension in such case?
   >>> Unfortunately there is none. Your only option is to try for a COS to B1/B2 which might or might not get approved.
   
   Also is it possible to speed up the process for Passport etc for baby so that I can leave the country on time?
   >>> Yes, you can request to speed up the process. It will cost a little more. Check with the local passport office for more details. The information is also available online.
   
   Is there any other alternate (like going to Canada for a month and reclaiming that time)?
   >>> Yes, the time spent outside U.S can be reclaimed if you can provide proper proof of your entry exit records in passport, copies of I-94, flight tickets, boarding passes etc. To recapture the time spent outside U.S, it need to be properly documents and presented to USCIS. A good immigration attorney can easily get this done.