6th Year H1B - Recapture? H4? - Help Needed

I am in the 6th year of my H1B and it expires on 1/26/14. The date already includes recaptured time I spent visiting China over the years. My company submitted the PERM application on 7/16/13. Based on the current processing time, it appears that it may be approved right around my H1B expiration date. My understanding is that I have the following options. What is everyone's recommendation as the best course of action?

A. Ask company for permission to work from China for a couple of months before the end of the year. Return to the U.S. in January. Extend the H1B status to end of March by recapturing time abroad. Pray that the PERM would be approved and the new H1B extension is approved by then.

B. Stay in the U.S. and change to H4 when time runs out. The company would have to terminate my employment and re-hire me when the PERM is approved and H1B extended.

C. What else can I do? How can I remain working? I recall seeing a 240-day rule somewhere that allows someone to continue working even when the current status expires, as long as there is a pending application with USCIS. Is that an old ruling? I do understand that you may extend the H1B for a year if the PERM application is pending for more than a year.

Thank you for your help!!!

所有跟帖： 

• 回复：6th Year H1B - Recapture? H4? - Help Needed -863211- ♂ (2598 bytes) () 09/07/2013 postreply 15:34:44

• 回复：回复：6th Year H1B - Recapture? H4? - Help Needed -punkaronnie- ♀ (882 bytes) () 09/08/2013 postreply 13:13:37

• 回复：回复：回复：6th Year H1B - Recapture? H4? - Help Needed -863211- ♂ (1449 bytes) () 09/08/2013 postreply 13:46:48

• 回复：回复：回复：回复：6th Year H1B - Recapture? H4? - Help Needed -punkaronnie- ♀ (118 bytes) () 09/08/2013 postreply 18:57:55