Original LC lost: H1b expiring in December

[kjm]

Hi Experts,

I have been facing an unfortunate scenario where my wife's original Labor Certificate is lost ( Perm filing date - 4th Jan 2018 ; Perm approval date - 18th May 2018) and her H1b is expiring on 3rd December 2018. Given that she has approx. 5 month of H1b left and now her employer can only file i140 in normal processing, what are her options?

PS: I am on F1 (STEM OPT until May 2019)

[sumitsingh83]

Ask your company attorney to Send a request to USCIS, asking them to reach out to DOL for duplicate PERM.

Same thing happened with me in April 2018, my original PERM got lost in mail. While sending I140 form, we requested USCIS to get duplicate PERM from DOL. uscis returned the premium processing cheque and told us try sending the check again after 30 days wait, hoping that DOL would have sent the duplicate PERM by then. When we sent the cheque in June, USCIS, sent i back again. Again after 30 days wait, we sent the premium cheque and by then USCIS did receive the duplicate copy of PERM from DOL and they changes my I140 to premium and it was approved in 5 days.

Essentially DOL took around 60 days to send the duplicate PERM to USCIS for premium processing of I140

Hope this help.