PERM timeline exception?

o1q2

New Member
My H1B is expiring on January 22nd (I've already added all my time abroad). I filed PERM under EB3, so according to my lawyer I am not eligible to apply to reenter from an embassy/consulate if the PERM goes through after I have had to leave the country.
The current processing time says January 2009 cases and mine is June 2009. So if they are actually processing one month at a time, I'm definitely not going to hear before the H1B expires.
Is there no way to file for an exception since my H1B is expiring? It seems unreasonable that I'd have to strand my employer halfway through the academic year (not higher-ed unfortunately). Can my employer or lawyer "appeal" somehow?
 
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