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h1b2va

I 140 Issue

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Hi

My employer filed for my GC late . The perm was approved with one month left for 6 year H1b term expiry. And then instead of applying for my I 140 right away , he tried to extend my H1b using re-capture time. ( a I 129 was filed for H1b extension for 2 months ) . My repeated requests to file I 140 were ignored.

2 months after my h1b  6 year term expiry , he filed for I 140 on premium , however USCIS/DOL returned it back saying that Premium I 140 applications should be accompanied only with original certified PERM(Labor approval) sent by mail. My employer has misplaced my original certified PERM.

Now he is reapplying my I 140 again on regular( not premium ) , asking for a copy of the original Certified PERM document. He says that once the original certified PERM is sent , he will convert my I 140 application from regular to Premium. Does DOL support such changes of processing types from regular to premium for I 140 . ? 

Also does anybody has prior experience of how long it could take for DHS to send the Original Certified PERM( approved Labor ) copy ?

Thanks

 

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