PERM Pending I140 Regular process H1B Recapture

[manusri]

hi,

      I was unable to find advice for my situation and my employer is also in a place where they are not able to advice me. Here is my situation:

1. My PERM was processed and approved but, the lawyers have not received the physical document.

2. My H1B ended Sep 2018 and the lawyers applied for my H1B recapture(premium) for like 2 months in Sept 2018. We have received the notice but have not received the approval yet.dates of intended employment is from Oct 1st 2018 to Dec 4th 2018.

3. My lawyers are only now applying for I140. they are not able to do premium processing because they do not have PERM approval physical document. they have online details.

My questions are

1. Can the lawyer apply for H1B extension with the same employer while we wait for H1B recapture approval and/or  I-140 notice of receipt?.

2. Can my employer keep me on payroll legally if we are waiting in this phase after Dec 2018?.

Please help me out. My firm is a start up and do not have much idea what  to do.