Do I need to go back for one year? Is this the only option

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Clm_ramee

Registered Users (C)
Hi Folks,

This is my situation here:

My current H1-B visa (6 years) is expiring on March 21, 2008.

Labor (PERM) was applied on July 14, 2007 (at Texas service center)
Labor was approved on September 21, 2007.

I-140 was applied on November 2, 2007
I-140 is still pending.

Since Premium Processing was suspended, on the advice of the lawyer, we sent a letter explaining the situation and requested an expedited processing. But according to the lawyer, they will not do expedited processing.

Is there anything that I can do to stay here in the US and continue working for my employer?

Or is the only option that I have is "Go back to India for one year and then come back." I really don't want to go, as I may not get my job back. Please let me know. Any advice appreciated.
 
I just found out that a few other guys had sent a letter for expedited processing and were able to apply for I-485. I don't know what is happening. My attorney will not respond properly. And I work for a reputed educational institution. Very frustrating.
 
Go back to your home country for 4 months. Your attorney should then apply 4 months extension of your H1B (to recapture the period you were out of US). Then, come back and apply for H1B extension for one year as your labor would have been filed a year before expiry of your H1B.

I've seen people doing it.

Don't leave such a critical matter in the hands of amateurs in forums. Talk to a top attorney. I recommend scheduling an 15 minute phone consultation with Rajiv Khanna. I've done it and it's worth every penny.
 
Gravitation is correct ... Take a vacation till it is 365 days from your LC filing and file for H-1B extension with recapturing the time spent abroad along with 7th year. Talk to an immigration attorney.
 
Thanks guys, I just re-captured some days and extended my stay till April 11, 2008. After which I am going to go off to India on a long vacation! 44 days of this vacation is going to be paid, as I have 44 vacation days accrued. Then I will not have any income till July 15, 2008. After that get the new H1-B and come back. Thanks to manwithnoname and gravitation.
 
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