This is a great forum to clear our doubts through general expertise and personal experiences of other people!
Here's my situation:
My labor-certification application was submitted to DOL in Feb' 2008. It was audited in April 2008 and it is still in pending status as of today (Dec 2008). I have 2 options:
1. Wait for 1-2 months hoping that DOL provides either an approved/rejected answer on the application. If approved, it's all good and I can proceed for my I-140 (what are the chances of approval with so much wait though?). If rejected, I will have to re-apply for labor (I hear DOL might be auditing more cases with the current economy).
2. Send a letter to DOL requesting to withdraw the pending application (no waiting for an answer then) and then submit a new application hoping that it would not get audited again.
My questions are:
1. Maximum how long should the DOL take to provide an answer to an audited case? Usually is the case approved after such a long delay?
2. While the labor-cert is pending, can the H1 be extended beyond 6 years? (The 6 years to my H1-B will expire in Aug 2010, so Aug 2009 should be the end of 5 years)
I appreciate your guidance.