6 Yr H1b expired , contemplating stamping H4 in Canada


#1

Hi ,

My 6 Year H1b expired and although my my employer filed for I 140 on premium , it was returned as it had to be accompanied by Original Certified Perm document. My employer has misplaced it and now I 140 has been re-applied on regular processing which’ll take around 8-12 months .

I don’t have an H1b extension , and hence looking to go for the H4 EAD although it’s extremely dicey now , in terms of what’s gonna be the fate of H4 EAD folks. Still going for it …

Applied H4 from the US in oct 2018 and since processing is Vermont not sure how long it’ll take. Contemplating going to Canada for stamping H4. , so EAD can come quickly

Anybody has any prior experience on this kind of scenario , please share your thoughts.Much appreciated


#2
  1. How long back your PERM is approved? If more than one year, you can apply for your H1B extension beyond 6 years. They would extend you one year each time.
  2. To get a copy of your already approved PERM petition, you can request it from DOL (Dept of Labor).
  3. Your new i140 also may end up in the same query as your last i140(asking the copy of PERM approval).

Above all: How you/your are able to apply for i140 without its previous step (PERM) approval copy?


#3

Thanks for the response
My PERM was approved in Sep 2018 just one month before 6 yr H1b term expiry
My employer has re applied for Cretified PERM copy with the DOL
But since the approved PERM has a validity of 6 months within which they have to apply for I 140 , they re applied for it now , to make use of it , with a side note that Copy of Original Certified PERM has been requested.


#4

This is the right process for your given situation.