Recieved RFE for 7th yr H1 extension: I-140 approved

[SAbbas]

I have I-140 approved from my previous employer. (They did not give me the copy of I-140).

Based on this I-140 by H1 extension with previous employer is approved until 06/ 2012.

After I received this H1 extension, I applied for H1 transfer to another company with the copy of approved H1 until 06/2012.

But now I have received an RFE for this H1 transfer.

USCIS is asking for a copy of labor (ETA-9089 or ETA-750). I don't understand this:

- If I had attached approved H1 with the application for transfer then why does USCIS need additional documents?

- If my I-140 is approved then why is USCIS asking for copy of labor instead of copy of I-140?

Please help because I am in a panic at this moment. I need help.

Thanks.

[vmaha]

since you are in 7th year, you need some evidance of PERM filing or I140. The approved H1 of current employer won't be sufficent. They asked PERM just becuase that is minimum for 1 yr extention beyond 6 yrs. If you give approved 140 copy instade of labor then also fine.

[SAbbas]

Ok. I just talked to my lawyer and he said that he had applied for H1 transfer + H1 extension. This is why they are asking for labor certification and I-140 receipt. He had to apply for H1 extension because after I-140 approval, my H1 was extended for only 1 year (usually it is 3 years extension after I-140 approval).

I am going to ask my previous employer tomorrow to give a copy of labor but I am very doubtful that they will give it to me. If they don't give me the copy then I won't be able to stay beyond 06/2012 ... which is when H1 extension expires.

I may not even be able to use Freedom of Information Act since it takes long time and I have to reply to H1 RFE by middle of March.

I don't know what to do if they refuse to give me copy.

Please suggest something that might work.

[vmaha]

some times if you have I140 case number and you query status online and print the page of case status website then that works. but again that is to ask lawyer.