Original ETA 9089 not set by DOL

[greatwinkle]

Hi,

My Perm was approved in Dec 2010. My attorney wanted to file Premium Processing for I-140 as I am nearing end of the 6th Year on H1B by August.

But by Company never got original ETA9089 and Attorney says he cannot file Premium and has processed my I-140 in normal processing at TSC on April 2011.

My question is:

1) Is there any way I can do premium processing.

2) According to Attorney, USCIS needs to ask for original documents from DOL hence he cannot do premium. Is it a correct statement?

3) Is it possible to know when USCIS will get documents and latter push it for Premium.

Any help on this is appreciated.

[dec2008]

Yes, given your current situation, you cannot apply in premium process.

There was some thread that suggested that in such cases once I-140 has been filed, the company/ attorney can email & call DOL ETA office, which approved your PERM, and request them to send the copy of PERM approval to USCIS for your USCIS Case#. Not sure if it works but as per that thread it has worked.

Also, think of getting H1B extn - try to recapture the time you spent outside US during last 6 yrs.

[greatwinkle]

Thanks