H1 Expiry and I140 under approval

[abbeyk]

Hi
My H1 Visa is about to expire in month of November 2009
Right now I am on bench and looking for projects
It might happen that I might have to go back to India
My labour is approved and I140 is under process.
Employer is ready to continue my GC processing.
If I go back to India and plan to come after I140 approval would it be possible?
Do I get new H1 on I140 approval or it is important for me to get I140 approval before November 2009
Please guide me
Thanks
Abbey

[gc28262]

H1 extension can be applied upto 6 months before the expiry of current H1.

If you haven't completed 6 years on H1, you can always extend it as usual.

If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.

1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year

2. I-140 is approved.
In this case, your H1B will be extended 3 years.

More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)

BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.

[roseball]

Since USCIS started I-140 premium processing service on 06/29/09, you can try and upgrade your pending I-140 to premium processing so you can get a decision on your case within 15 days...When you get your I-140 approval, you can file for a 3 yr H1 extension based on it.