It seems risky to wait and see if PERM is approved early enough to allow for I-140 premium processing. Since I have to leave the U.S. anyways either with option A or B, I may as well negotiate with my employer to allow me to work from China.
Is there any restriction against working from China and recapturing that time spent working instead of vacationing?
-No. It equals to your vacation in China. As long as you leave US (e.g. stay in China outside US), your H-1 clock will stop running.
Based on the current PERM processing time, it is taking them around 190 days to approve. I think one month would allow enough time to get the I-140 approved through premium processing. Should I take one month? Or should I take two months just to be safe? Thoughts?
Is it correct that the extension to recapture time should be submitted in January once I get back? And then another extension when I-140 is approved?
-If your PERM was filed one year ago, you can extend your H1 for one year (no need I-140 approval), or if you have an approved I-140 (no matter when you filed PERM), you can extend your H-1 for 3 years beyond the 6 year limit. But you have to file your H-1 extension before your H-1 reaches the 6 year H1 limit.
