Planning to go to Canada/Mexico with one month remaining in 6th year as PD is 10 days after H1 exp

[gcperm]

Hello all,

I want to know what you think of my situation and if you have any advice for my case.

My GC priority date (PD) is second week of june '12 and my 6th year of h1 expires (including time spent outside usa) on may 31 2013.

My perm is in audit and has been so for about 6 months now, I live close to Canada, I am thinking of going to Canada for my h1b stamping and stay there for 11 to 12 days so that when i come back my employer can file for my extension (for 1 year) since may 31+12 days pushes me over the PD .

I couldnt go earlier as my wife recently gave birth to twins , they are about 2 months old now.

I am a Full time employee.

Is going to Canada for h1b stamping with about 30-45 days remaining on h1b a safe option?

or does any one think Mexico or India are better alternatives?

Also would appreciate if any one has any idea how long is it taking to get Canadian tourist visa these days?

Thanks,

GCP

[Attorney_11]

Canadian visa application processing times range from a few days to 30 to 45 days. Third Country Processing for visa applications is always a risk. It may be possible to remain outside the United States for the time it takes for the PERM to become a year old and then apply for an H1B visa to return to the US. Each case is different, It may be helpful to speak with a qualified immigration attorney for personal case options.

[gcperm]

Canadian visa application processing times range from a few days to 30 to 45 days. Third Country Processing for visa applications is always a risk. It may be possible to remain outside the United States for the time it takes for the PERM to become a year old and then apply for an H1B visa to return to the US. Each case is different, It may be helpful to speak with a qualified immigration attorney for personal case options.

Thank you Attorney_11 for the reply, I think I stand a better chance of getting a stamping in India if i go for a stamping after 365+ days of PD with a one year extension approval than if i were to go for a stamping with only a few weeks remaining for 6 years expiry , am i right?

Once again thanks for your reply.