PERM with be applied in my 6th year

[vishalagrawal1]

Hi All,
I am in tricky situation currently. I work for a reputed US company. I am in my 6th year of H1B which is expiring on 11/02/2018. My company has initiated my GC process but they will be able to file my PERM application only by June first week (They go through complete process). I also have 1 month vacation that I took earlier this year. I have these questions:

1. Do you think I have enough time to get my PERM certified, I-140 approved in premium, H1B extension files before 11/02/18?
2. If not, what are my options? My attorney is saying that in worst case, I have to go back to India before H1B expiration and work from there for couple of months and once everything is approved, I get fresh stamping and come back. Do you think it's a safe option or its too risky.
3. What if I go back to india now for couple of month and come back on existing H1B in June and than my employer file an extension for 3 months before my H1B expiration, will that be a better option?
4. suppose my PERM gets certified by October mid and they don't have enough time left to file I-140 and extension, can they file extension for 1 month that I have?
5. Any other options?

[francesjacobgreene]

Hi All,
I am in tricky situation currently. I work for a reputed US company. I am in my 6th year of H1B which is expiring on 11/02/2018. My company has initiated my GC process but they will be able to file my PERM application only by June first week (They go through complete process). I also have 1 month vacation that I took earlier this year. I have these questions:

1. Do you think I have enough time to get my PERM certified, I-140 approved in premium, H1B extension files before 11/02/18?
2. If not, what are my options? My attorney is saying that in worst case, I have to go back to India before H1B expiration and work from there for couple of months and once everything is approved, I get fresh stamping and come back. Do you think it's a safe option or its too risky.
3. What if I go back to india now for couple of month and come back on existing H1B in June and than my employer file an extension for 3 months before my H1B expiration, will that be a better option?
4. suppose my PERM gets certified by October mid and they don't have enough time left to file I-140 and extension, can they file extension for 1 month that I have?
5. Any other options?

Though PERM processing times change all the time, a June filing is unlikely to provide enough time to get the PERM and I-140 approved and H-1B extension filed before November 2. Your attorney is correct - that is the standard way to handle this situation. The problem with traveling now is that you don't know how long you'll have to be gone. Do you travel now for one month? Two months? Three? What if that isn't enough, and you have to travel again? To avoid having to travel twice, you might as well just wait until October, that way you only have to travel once. For your question in Number 4, yes, filing an extension for one month is an option, but it's probably not going to prevent the need to travel, as unaudited PERM applications routinely take five to six months to process right now.