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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105158
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My perm is approved and i140 id not applied. if employer is

Customer Question

JA: Hello. How can we help?
Customer: my perm is approved and i140 id not applied. if employer is not providing perm copy how I can get it . and Can I used this approved perm to get extemsion with new employer
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The employer most likely isn't going to give you a copy because they don't want you leaving them after they have spent time and money on you. When was the PERM filed? When was it approved?

Customer: replied 1 month ago.
It was applied on may/25/2016 and approved on aug/16/2016. In that case can I get perm copy from uscsis.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Well, first, your PERM has not been pending longer than 365 days. Therefore you cannot use it to extend your H-1B. Second, your employer owns that PERM, it cannot be transferred. Third, your employer has 6 months to file an I-140 through it. If it is not filed on time, or it is filed on time but not approved, the PERM is no longer good and finally, if there is no approved I-140 based upon that PERM, you cannot use that Priority Date in the future. It would be a new Priority Date through a new PERM. So you can try to get a copy from USCIS, perhaps file a Freedom Of Information Act (FOIA) request, but even if you got a copy, you can do nothing with it unless your current employer files an I-140 based upon that PERM and the I-140 gets approved. If they do that and they later withdraw it, you can still use the original Priority Date.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 1 month ago.

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