Dear 8 lao shi,
The lawyers informed me today that they lost my PERM. I am supposed to file I-140 now and I requested the premium processing for I-140. Now they say, they have to file I-140 without the PERM, because they lost it. They say, they file it now, and at the same time, request the USCIS mail room to recover my PERM, as they accidentally mailed it with another client's information. When it is recovered (if they ever can, may take however months), the lawyers will file another I-140 for me and can do premium processing then, and at the same time, withdraw the I-140 they are about to file now. Another scenario is that my PERM cannot be recovered, and when it is time for me to file I-485, USCIS will request my PERM from DOL directly.
1. What is your insights given this situation? Is what the lawyers say correct?
2. What should I do to minimize the risks of denial?
3. Will I be denied for I-140?
4. Will this affect my I-485 in the future?
5. Will filing a second I-140 affect anything?
-Two choices for you:
1. You need to ask the lawyer to ask USCIS to get a duplicate PERM approval from DOL when he/she files your I-140 (not ask the USCIS mail room to do it. Mailroom will not do it for you).
It seems your lawyer is not very experienced, so I give you some suggestions for requesting a duplicate approved PERM (i.e. ETA-9089) through USCIS:
Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably highlighted with colored paper) stating the following:
LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT
On the same sheet, the following information should also be included:
1. Attorney name;
2. Petitioner’s name;
3. Beneficiary’s name;
4. ETA case number;
5. Priority Date;
6. Specify whether you want USCIS to initiate the request for duplicate certificate ETA-9089 or you have contacted DOL to initiate the request for duplicate;
7. Proper fee, signature and all required supporting documents;
8. A print screen showing that the case has been certified.
9. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. “Case was certified, original approved labor certificate was never received in the mail.”
Once the duplicate certificate ETA-9089 is received by USCIS, the petitioner and/or his representative will be contacted via a Request For Evidence (RFE) notice in order to secure the petitioner’s signature on the duplicate certificate.
The certificate must be signed by the petitioner before USCIS can accept it for filing purposes.
Petitioners must send the signed duplicate ETA-9089, along with a copy of the RFE notice requesting the signature. Failure to do so may result in significant delays in processing or denial.
2. Another choice is that you may ask your employer or lawyer to request DOL to mail a duplicate of PERM approval to them, then file I-140 after receiving the PERM
