H1-B stamping in Canada : I-797 expires on May 27th 2013


tal2012

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I need advise / suggestions / comments to help decide on urgent issue. I am short of 32 days to have my EB2 PERM pending for at least 365 days. My PERM was filed on 25th June 2012 and my 6th year anniversary is on 27th May 2013. My I-140 is not yet filed. There are chances of I-140 denial due to not having 4 year Bachelor degree or US equivalent 4 years Bachelor degree. As a backup, we are planning to file I-140 just before PERM expiry in regular processing and have it pending for long time. Meanwhile, my employer will file EB3 process. My employer will not be able to file EB3 PERM soon since we have had layoff.

Long story short, I am planning to go out of US for 32 days to recapture those days and have my PERM pending for at least 365 days. My current H1-B stamp is already expired. I am thinking of getting stamping in Canada and spend 32 days in Canada. My question here is.... how is the option of going Canada for H1-B renewal? If it is a good option, is validity till May 27th is enough to go and get stamping? Please note that I still need to apply for Canada visitor visa. Response to my question ASAP would be appreciated since I am running out of time.

Thank you

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