Help...Lost Original Perm Labor Certification, I-140 in RFE


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Dear All,

I am in the sixth year of my H-1B and my H-1B is maxing out next month. My employer filed PERM and the labor got certified 3 months back, but to my bad luck signature pages of original labor certification got lost during transit when attorney sent them to my employer to get signatures. We weren't able to locate the mail, so our attorney went ahead and applied I-140 in premium processing with few original pages and photocopied signature pages, but USCIS issued RFE and is asking for original labor.

My attorney had requested DOL to issue duplicate to USCIS, meanwhile my employer wants me to resign from the company on or before last day of H-1B expiry in case if they don't receive a response from USCIS before my H-1B expiry (in a month), but they are assuring that they will continue with my I-140 process until a proper response is received. Now my attorney is suggesting two options, either stay in US by changing status and without job ???!!! until they get a response or go back to India,work for a different company( as my employer doesn't have any offices outside USA) and come back if I-140 & H-1B is approved. I prefer going back to India to avoid employment breaks, but not sure whether I will be able to come back easily and whether the H-1B based on 140 (if approved) will be cap exempt or not. Also I am not sure whether these options will cause any out of status situation or any issues with my GC process in future, so any advice/suggestion regarding this situation is greatly appreciated.  

Thanks  in advance!







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  • 2 weeks later...

the two options given to you are the only options i could think of. If you can afford yourself stay back in US by changing your status to some other visa like student/dependent  or travel back to India until things are clear. But this is purely your personal decision. good luck.

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