Labor substitution: is it possible when original employee is still with the same comp

gcgk

New Member
A company files an RIR LC petition for employee X in 2003. In 2006 they file a PERM petition for X and subsequently I-140 and I-485. Now, when the company hires an employee Y, who meets the qualifications set forth in the RIR LC petition filed for employee X at the time of filing of RIR petition, can the company substitute the approved LC for employee Y? The key difference in this situation is whether substitution is possible if employee X is still working for the same company in the same position. So, in another words, the question is, what happens to the approved RIR LC petition when the employee X uses a totally new (with new Priority Date) PERM based LC for his Greencard process?
 
Yes, it can be substituted as long as you have 2 LC's (original) one each for yourself and the actual employee...
 
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