My H1b expires in November 2009 after 6 years, my labor certification will be filed soon?

You could apply for student or tourist status without causing the labor cert. to become invalid, assuming your employer is willing to keep the permanent residence process going even though you cannot work for the company in F-1 or B-2 status. Whether you would be approved for the F-1 or B-2 status is another matter. I think it is very unlikely that you will get B-2 status because this is for short term visitors who plan to return home at the end of their US visit. Your long stay in the US, plus the fact that you're in the PR process, shows the opposite intention. F-1 students should also intend to return home, although they are allowed to stay for a few years at least. You might get approved for F-1 status, but this is also unclear. You could also have problems travelling in F-1 status because you might not be readmitted to the US if the officer believes that you plan on being a permanent resident.

Was an attorney used for your H-1B, and is your employer using the services of an attorney to file for the PERM labor certification? One should have been used, and this lawyer should be consulted on this question. IF not, speak to a lawyer. First - and you may already know this by now - it definitely would have been preferable to begin the process of applying for permanent residence by filing the labor certification before the end of your fifth year in H-1b status. This would have allowed you to extend your H-1B beyond the sixth year while waiting for the case to complete and the green card to come through. But, the situation is what it is. One thing that should be examined is whether it might be possible to "recapture" time spent you out of the U.S. - if there is enough of it, this might push the end of the fifth year forward far enough so that the initial labor cert filing could take place before it ends - if this is possible (unlikely, but I've seen all sorts of things happen!), you might still be able to extend your H-1b beyond six years. Assuming that isn't the case, you should know that the green card process can continue to go on as long as the employer/sponsor continues to offer the job described in the PERM labor certification case to you - even if you aren't still working for that employer while the case is proceeding - as long as the intent of all parties is for you to work in that job at the time of green card approval. You can wait overseas while the case is going one, work for an overseas branch of the sponsoring employer or a different overseas employer entirely. The issue/problem with staying here on a student or visitor visa is this: both visas require "nonimmigrant intent" - the intent to stay only temporarily for the purpose of the visa and then return home. With a green card case on file, it's questionable whether you have the required nonimmigrant intent (the change of status form doesn't ask about labor certification, but does ask about later stages of the green card process - in any event, there is an issue of whether applying for one of these visas would amount to misrepresentation). Even if - in theory - you could be approved for a change of status to a visitor or student visa, you would very likely have trouble reentering the U.S. in visitor or student status with a green card case on file. I would speak with a lawyer to see if you have any other options available. The H-1B recapture option should definitively be ruled in or out. Given the limited parameters we're discussing here, I don't know what you do, your level of experience or education, or where you are career-wise, but it would be worth at least evaluating you for an O-1 extraordinary ability nonimmigrant visa - another work visa which would let you remain in the U.S. and keep working for the current employer if you qualify. Whatever you choose to do, good luck!