140 port-新cfr 204 以及205的一点解读# EB23 - 劳工卡
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§ 204.5 Petitions for employment-based immigrants.
(n)
(3) Validity of approved petitions. Unless approval is revoked under section
203(g) or 205 of the Act, an employment-based petition is valid
indefinitely.
§ 205.1 Automatic revocation.
(a) * * *
(3) * * *
(iii) * * *
(C) In employment-based preference cases, upon written notice of withdrawal
filed
by the petitioner to any officer of USCIS who is authorized to grant or deny
petitions,
where the withdrawal is filed less than 180 days after approval of the
employment-based
preference petition, provided that the revocation of a petition’s approval
under this clause
will not, by itself, impact a beneficiary’s ability to retain his or her
priority date under 8
CFR 204.5(e). A petition that is withdrawn 180 days or more after approval
remains
approved unless its approval is revoked on other grounds. If an employment-
based
petition on behalf of an alien is withdrawn, the job offer of the
petitioning employer is
rescinded and the alien must obtain a new employment-based preference
petition on his
or her behalf in order to seek adjustment of status or issuance of an
immigrant visa as an
employment-based immigrant, unless eligible for adjustment of status under
section
204(j) of the Act and in accordance with 8 CFR 245.25.
(D) Upon termination of the petitioning employer’s business less than 180
days after petition approval in an employment-based preference case under
section
203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) of the Act, provided
that the
revocation of a petition’s approval under this clause will not, by itself,
impact a
beneficiary’s ability to retain his or her priority date under 8 CFR 204.5(
e). If a
petitioning employer’s business terminates 180 days or more after approval,
the
petition remains approved unless its approval is revoked on other grounds.
If a
petitioning employer’s business terminates, the job offer of the
petitioning employer
is rescinded and the beneficiary must obtain a new employment-based
preference
petition on his or her behalf in order to seek adjustment of status or
issuance of an
immigrant visa as an employment-based immigrant, unless eligible for
adjustment of
status under section 204(j) of the Act and in accordance with 8 CFR 245.25.
204.5(n)(3) 说一旦140批准，除非revoked， 永久有效。
205 (iii)（c）说，雇主可以在180之内withdrawal，然后会revoke，但是pd保留。 如
果180天之后withdrawal则基本不会影响140， 除非有其他理由例如作假之类。 但之后
这段好像有点让人疑惑，If an employment-based
petition on behalf of an alien is withdrawn, the job offer of the
petitioning employer is
rescinded and the alien must obtain a new employment-based preference
petition on his
or her behalf in order to seek adjustment of status or issuance of an
immigrant visa as an
employment-based immigrant, unless eligible for adjustment of status under
section
204(j) of the Act and in accordance with 8 CFR 245.25.
这个涉及到能否port的问题，这个withdrawal到底指的是180天之内还是也包括180之后
的让人疑惑，180天之内可以理解，这里说的很清楚，automatic revocation，如果泛
泛指所有的withdrawal，那就是说180天之后如果换雇主，即使140有效，也要重新做
140？那么这个容许继续有效的140有啥用？ 那跟原来的就根本没变化了，似乎也背离
了这个法案的初衷。反正只要withdrawl，管你是不是180天，换不换雇主都要重新做，
那204.5(n)(3)所说Unless approval is revoked under section 203(g) or 205 of
the Act, an employment-based petition is valid indefinitely.以及之前的一句A
petition that is withdrawn 180 days or more after approval remains approved
unless its approval is revoked on other grounds 就是屁话一句。。
对于（c）和（d）的最后一句是不是应该澄清下 比如 If an employment-based
petition on behalf of an alien is withdrawn and revoked, the job offer of
the petitioning employer is rescinded and the alien must obtain a new
employment-based preference petition on his or her behalf in order to seek
adjustment of status or issuance of an immigrant visa as an employment-based
immigrant, unless eligible for adjustment of status under section 204(j) of
the Act and in accordance with 8 CFR 245.25.
140 EAD就不要想太多了，没啥用，又太多限制，而且就一年有效，移民局都说了预计
合乎要求的人也不是很多。。。
§ 204.5 Petitions for employment-based immigrants.
(n)
(3) Validity of approved petitions. Unless approval is revoked under section
203(g) or 205 of the Act, an employment-based petition is valid
indefinitely.
§ 205.1 Automatic revocation.
(a) * * *
(3) * * *
(iii) * * *
(C) In employment-based preference cases, upon written notice of withdrawal
filed
by the petitioner to any officer of USCIS who is authorized to grant or deny
petitions,
where the withdrawal is filed less than 180 days after approval of the
employment-based
preference petition, provided that the revocation of a petition’s approval
under this clause
will not, by itself, impact a beneficiary’s ability to retain his or her
priority date under 8
CFR 204.5(e). A petition that is withdrawn 180 days or more after approval
remains
approved unless its approval is revoked on other grounds. If an employment-
based
petition on behalf of an alien is withdrawn, the job offer of the
petitioning employer is
rescinded and the alien must obtain a new employment-based preference
petition on his
or her behalf in order to seek adjustment of status or issuance of an
immigrant visa as an
employment-based immigrant, unless eligible for adjustment of status under
section
204(j) of the Act and in accordance with 8 CFR 245.25.
(D) Upon termination of the petitioning employer’s business less than 180
days after petition approval in an employment-based preference case under
section
203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) of the Act, provided
that the
revocation of a petition’s approval under this clause will not, by itself,
impact a
beneficiary’s ability to retain his or her priority date under 8 CFR 204.5(
e). If a
petitioning employer’s business terminates 180 days or more after approval,
the
petition remains approved unless its approval is revoked on other grounds.
If a
petitioning employer’s business terminates, the job offer of the
petitioning employer
is rescinded and the beneficiary must obtain a new employment-based
preference
petition on his or her behalf in order to seek adjustment of status or
issuance of an
immigrant visa as an employment-based immigrant, unless eligible for
adjustment of
status under section 204(j) of the Act and in accordance with 8 CFR 245.25.
204.5(n)(3) 说一旦140批准，除非revoked， 永久有效。
205 (iii)（c）说，雇主可以在180之内withdrawal，然后会revoke，但是pd保留。 如
果180天之后withdrawal则基本不会影响140， 除非有其他理由例如作假之类。 但之后
这段好像有点让人疑惑，If an employment-based
petition on behalf of an alien is withdrawn, the job offer of the
petitioning employer is
rescinded and the alien must obtain a new employment-based preference
petition on his
or her behalf in order to seek adjustment of status or issuance of an
immigrant visa as an
employment-based immigrant, unless eligible for adjustment of status under
section
204(j) of the Act and in accordance with 8 CFR 245.25.
这个涉及到能否port的问题，这个withdrawal到底指的是180天之内还是也包括180之后
的让人疑惑，180天之内可以理解，这里说的很清楚，automatic revocation，如果泛
泛指所有的withdrawal，那就是说180天之后如果换雇主，即使140有效，也要重新做
140？那么这个容许继续有效的140有啥用？ 那跟原来的就根本没变化了，似乎也背离
了这个法案的初衷。反正只要withdrawl，管你是不是180天，换不换雇主都要重新做，
那204.5(n)(3)所说Unless approval is revoked under section 203(g) or 205 of
the Act, an employment-based petition is valid indefinitely.以及之前的一句A
petition that is withdrawn 180 days or more after approval remains approved
unless its approval is revoked on other grounds 就是屁话一句。。
对于（c）和（d）的最后一句是不是应该澄清下 比如 If an employment-based
petition on behalf of an alien is withdrawn and revoked, the job offer of
the petitioning employer is rescinded and the alien must obtain a new
employment-based preference petition on his or her behalf in order to seek
adjustment of status or issuance of an immigrant visa as an employment-based
immigrant, unless eligible for adjustment of status under section 204(j) of
the Act and in accordance with 8 CFR 245.25.
140 EAD就不要想太多了，没啥用，又太多限制，而且就一年有效，移民局都说了预计
合乎要求的人也不是很多。。。
