Dr. William:

I am an employee of a US Company's Subsidiary in oversea for the last 6 month. I got my H1B Visa and will be coming to the US next month. My company has offered to sponsor me for Permanent Residency. 

The company had earlier filed an I-140 for an employee, who has since left. Since the person's work profile and position is the same as mine, my sponsor has offered to substitute his Labor approval for filing my I-140 petition. Is this allowed? 

Thanks and Regards

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Answer:

Yes, the Labor Certification transfer is allowed, if the position and requirements are the same. Because an employer sponsored Labor Certification approval is for a position, not for an applicant.