H1B Extension through 'Consular Processing'

[lathavim]

Hi

My 6th year of H1B completes in 12/30/2012. My Perm Labor cannot be filed until Aug, 2012 due to Layoff analysis impact. With the current scenario, i have to travel out of US before my H1B expires. I was told by my attorney that my Labor will be filed in Aug, 2012. Once the PERM is certified, I-140 petition will be filed under the “premium processing” option.

With the approved I-140, they will file the H-1B petition with USCIS for “consular processing." Once the petition is approved, they will send the notice to me abroad and i should obtain a visa stamp at a US consulate prior to traveling back to the US.

Now my question here is how long will it take for my H1 B petition to be approved through Consular processing in India. Also which month would be appropriate for me to travel out of US if i get chance to work abroad for the same employer? Anybody have come across such a situation? Please through me some inputs.

[kalyan_ac]

The processing time will be the same if it is a consular processing or processing from the US.

15 days for premium processing or upto 4 months on regular processing based on the service center.

You travel date depends on the start date specified on the approved petition.

[lathavim]

Thanks for your reply.