Transfer of approved I-140

[shrivsa]

One of my coworkers has an approved I-140.
He is getting his greencard thru his spouse so he is abandoning his existing process.

Can I use his I-140 for my processing and how do I go about doing this.

Thanks.

 

[best_mode]

I don\'t think so . . . but . . .

An I-140 is applicant specific; i.e., the INS evaluates whether a specific alien is qualified to do a job certified by the DOL. So,
any approval by the INS specifically applies only to that alien.

However, a labor certification is generic, in that the DOL certifies
that no suitable citizen or permanent resident is available. So, you
should be able to use that approved labor cert, and file your I-140 using that labor cert.

you should check with your lawyer on this.