PERM filing in 6th year .. 7th year H1 extn possibility

[h1_moon_moon]

My current H1 expires on 22nd Jan 2014, this is end of 6 yrs including re-cap period (time spent outside US).

That means 22nd Jan 2013 is end 5 year period.

My employer is in final stages of filing PERM for me but confirmed PERM can only be filed by 29th Jan'2013, This date will be 7 days short to 'PERM filing prior to 365 days' rule, to get 7th year H1 extension incase of pending PERM.

My employer strictly saying he will file only on 29th Jan'13, not before that. Assuming my PERM goes to audit / pending... what are options / precaution I have to get 7th year H1 extension?

I am thinking there will be two options in the case of pending PERM. Pls suggest if any other option available in case of pending PERM.

Option 1. Going out of US (between PERM filing date and end of 6 yrs) and can coming back after 1-2 weeks, so that I can get 7th year while i am in US..,,,,,,,,,,,,,,,,,,,,,,,,,,,,I prefer this, if this is correct / possible option.

Option 2. Going out of US at end of 6th year and spending lag time (1-2 weeks) and applying H1 extn while I am out side of US based on pending PERM?

Thanks

[metroguy]

Dont worry. your Perm gets approved with in an year provided your company is good at paying its employees and maintain good financial records. I field my PERM and I140 and they got approved with in a year.

[catx]

Dont worry. your Perm gets approved with in an year provided your company is good at paying its employees and maintain good financial records. I field my PERM and I140 and they got approved with in a year.

There are no such guarantees. The PERM labor certification application being selected for audit, and/or a RFE for even a simple oversight or missing information on the I-140 petition could easily extend the process past 1 year. Never assume that one person's experience applies to another person regardless of how similar their situations appear.

That being said, in general, 1 year should be sufficient time for PERM labor certification application and subsequent I-140 petition approvals based on (1) the current processing times, (2) prompt action by the employer / their lawyer in preparing the PERM labor certification application (including the necessary prevailing wage determination, recruitment activities, etc.) and I-140 petition, (3) there are no unforeseen issues, and especially (4) if you use premium processing for the I-140 petition. However, again remember, there are no guarantees.

[h1_moon_moon]

Thanks for comments here...

Can any one please answer my question? option 1 or option 2 or any other option