PERM Approval document not received

[poornima.pk]

My husband has not yet received the PERM approval docs and our 6 year h1 is coming to end by November 30. Facts:

1. Applied PERM on February 3 2015, received email that it's approved September 25 2015

2. Three weeks have been passed and have not received the PERM approved document.

3. H1 expires by November 30 2015 and we can recapture 15 days additionally.

1. If we don't get the PERM in another 10 days, what are our best course of action?

2. How long does uscis take to process i140?

3. Can we apply extension of h1 from India based on the i140 we receive when we are there?

Thanks for the answers

[Attorney_15]

The employer can file the I-140 without the PERM application but with a copy of the email and online status showing approval and a printout of the PERM but the I-140 form will have to mark the box asking USCIS to request the LC from DOL. This means that the I-140 cannot be premium processed because an I-140 can only be filed with premium processing if the original LC is included. Processing of such an I-140 can take significantly longer.

 

If the employer files the I-140 without the original LC, it might want to continue following up with DOL to get it. Maybe if they can get it, and then send it to USCIS with the premium processing request. I would suggest using an attorney to prepare and file the I-140. Also you want to make sure that the I-140 is filed within the 180 days of DOL approving the LC.

 

Under the circumstances it might not be possible to extend H1B status, so it might be wise to consult directly with an attorney.

[rohang]

once employer gets PERM document, do file I140 in premium processing, that is only way your husband can maintain H1b.