H1B 7th year Extension query due to possible Layoff from company take over

[hidalgo007]

My Labor certification was filed under EB3 category in Chicago on 31 Mar 2008(Still pending). I am in 6th year of H1B and my visa expires on 28 Feb 2009. There are 335 days between my PD and 6th year expiration. I am in less than 365 days Labor or I 140 pending category. I have 26 days to recapture from my vacation.

I have the following questions.

1. Is it advisable now to go out of the country to gain 5 more days to make myself available in greater than 365 days category (335+26+5 = 366 days) to file the 7th year extension ?.(If labor or I140 is pending at the time of 6th year expiration).

2. What is the labor processing time in Chicago ?

3. My company is bought by another company and the final take over may happen in oct-dec timeframe.

a. If the new company file an amendment for change in the employer name for H1B or pending labor/I140 will that affect the 7th year extension ?

b. There is a possibility of layoffs due to redundant jobs or reduction in the workforce. If I get laid off and moved to another job in company B. Is there possibility to file 7th year extension by using labor from my current company ?

Thanks for your suggestion.

 

[manwithnoname]

First things first ... yes you need to recapture the extra 5 days, take a vacation outside of the US. Even if you change job you can still extend your H-1B based on the labor certification filing (assuming your current employer intend to continue with your GC process).