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PERM Pending - H1B Extension

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  • PERM Pending - H1B Extension

    Hello all,
    My PERM was filed on June 9, 2009. I am currently in my 6th year of H1B. My H1B will expire on Feb 19, 2010. I have about 90 days of out-of-country vacation that I can recapture to meet the 365 days rule for H1B extension. The problem is I'm still falling short by 3 weeks and though I am willing to go on a short vacation again to cover that gap, I'm worried about getting my visa stamped in India. My previous visa stamping was until Aug 2008.
    Is it OK to travel to India and appear for the visa interview considering my H1B is about to expire shortly? Would the Visa Officer raise any objections in this regard? I was never out of status, have a project in hand and always paid my taxes. My lawyer told me that I could also go to either Mexico or Canada for my visa stamping and then fly to India for a vacation.
    I'm a F1->OPT->H1B guy and though my first visa (F1) was stamped in India, my H1B stampings were done in Mexico. Am I eligible to apply for visa in Mexico / Canada?

    I request the senior members and anyone who have been through similar experiences to help me find a solution.

    Thanks very much.

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