i-140 applied days before PERM expires


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Hi there,

Pls help me here. My PERM was approved in Dec 2010. Its valid till May 31st 2011. My lazy employer employer applied my i-140 on May 27. (May 28,29,30 - holiday). (He told it was filed. I am not sure whether its true or not).

He even gets irritated to answer my basic questions.

My questions are

1. Can I-140 be filed by online?

2. Is it OK to file just before PERM expires?

My 6th year H1 expires in 3 months. I am not sure what to do now. Pls help me.

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I-140 need to be filed within six months of labor approval as you have indicated. You might want to ask the LIN# from your employer to track the status on USCIS website.

The issue would be when I-140 gets rejected/denied for various reasons and you wouldn't have time to refile back with the corrections, as by then the labor would have expired. Keep your fingers crossed.

Regarding your H1B extension, I would suggest waiting for your I140, convert to premium in a couple of weeks and based on the I-140 approval, apply for the extension, as the extension is likely to have an RFE to show I140 approval.

Hope this helps.

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