EAD questions

[hopefully]

Hope someone can answer my questions!
I am an employer, the PERM was approved on May 1, 08. E-filed the I-140 on June 1. I know that it takes a long while for that to be approved, we were set to send the I-485 and I-765 together but the employee is not in the US currently. Can we still apply for them or does he need to be here for this? If he needs to be in the US for what kind of visa should he ask?
I hope you can help as we really want him to begin work as soon as possible. I thank you in advance.

[txh1b]

For AOS filing to be done along with I140, the employee has to be in the US and the PD has to be current. What category was the labor applied in? Don't you have a corportate immigration attorney as an employer?

[hopefully]

Thanks for your answer. We are a small firm and do not employ an attorney. The category was E3 skilled or professional.

[txh1b]

As an alternative, if the PD is not current and if the employee does not want to AOS, you can file the I140 as CP and s/he will be interviewed at a consulate abroad for an immigrant visa when the PD becomes available.