Need to travel out of USA with short validity - Need good advice

[tal2012]

I am in a strange situation, please someone help.

My current H1B expires on January 9th 2013 and my employer is in process of filing extension till max-out date 25th May 2013 to recapture time spent outside of USA. My PERM (EB2) was filed on 26th June 2012, approved on 29th Aug 2012 and is valid till 25th Feb 2013. There are very well chances of I-140 (EB2) denial because I do not have 4 years US Bachelor degree.

I will need to go out of USA for 32 days to have PERM pending for at least 365 days. Then we will need to file I-140 (EB2) just prior to 25th February and have it pending beyond 26th June 2013. Which will enable us for 7th year extension. My employer will not be able to file PERM (EB3) till June 2013.

I have below questions. The answers would be much appreciated.

1) Where should I go for 32 days? Canada, Mexico, India or anywhere else? I am citizen of India and my Visa stamp is already expired. My Canada visa has already been denied once. Should I re-apply for Canada Visa once my extension is approved (till 25th May). Should I go to India and come back? I am worried that if I go to India, I might get stuck there in stamping due to short validity till May.

Thank you very much

[tal2012]

Any advise please?

[pontevecchio]

I am sorry. Your post makes little sense. If the PERM expires on 25th Feb, 2013 then you cannot have your sponsor file I-140 after that. Once the PERM is approved as is the case here the concept of PERM pending is void as it has been approved.

[tal2012]

Hi Pontevecchio,

Thanks for your response. Please see below my explanation / understanding. Your comments / suggestions will be highly appreciated.

My employer is planning to file I-140 (EB-2) in regular processing just before 25th February (PERM expiry). Regular processing will at least take 4-6 months to get any decision. Even after decision comes, we have a time to respond to RFE and that will again take some more months. By that time, my employer will file PERM (EB-3) and get I-140 approved. The only issue I have is to spend 32 days outside of USA so that my PERM or I-140 will be pending for at least 365 days. This will give us 7th year extension. My Canada visa is already refused once and I am planning to re-apply. However, I will need to be prepared for any other options if Canada refuses again.

Thanks again

[tal2012]

Any advise / suggestions please?