Expiring h1b with pending PERM - going back to India on vacation

Question

I work on a full time basis in USA, my H1b is expiring soon. PERM applied in July. Now employer is asking me to go back to India after nov 10th and be there on vacation till it is approved.

Moreover, i cant take more than 90 days vacation as per the employer. If PERM goes beyond that date, i will loose my job. Also, they are not ready to pay in US bank if I am working from India.
What are my options in this case?

Answer 1

Depends on whether or not you have reached the 6th year in H-1B and how long the PERM has been pending.