Can I take over some one elses I140?

V

vijayj

Registered Users (C)
Hi,
One of the employees in my company has quit. His I140 has been approved.
Can my employer transfer the I140 to another employee that has been working
for him for N number of years, considering the fact that the new emplyee has
never in the past had any kind of GC process done under his name?
VJ
 
Probably Not, you might use the approved LC

There are same questions asked before and you can search for it and answers.
Based on the nature of 140 petition, it's individual specific. Each case has to be filed separately based on individual requirements and qualification. You might use the approved labor certification but some work has to be done for it. 1. your employer may need to notify INS the approved 140 is forfeited by the beneficiary so the LC could be reused; 2. possibly, INS may ask you submit LC again--requesting Labor Department issue it for you.
I don't have any sured answer to your questions. You must consult with experienced attorney on this matter.:eek:
 
yeu your employer has to witdrw the 140 and apply your 140 on LC subsituation and file your 485 also. Checkh with your lawyer that can he do that togather.
 
Is there a time frame for all this? Cause, my employer tells me that the LC was approved almost a year ago.

Besides, I thought that the Substitution was not allowed as of 9 May 2002???
VJ
 
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