换工作PD relink的疑问 - 未名空间MITBBS历史存档

H*a2012-07-22 07:07

1 楼

我的情况:
现在的公司已经办了EB-2 perm, 140已过在等排期, PD是2011年9月.
最近拿了个offer考虑换工作, 新公司必需得等工作满一年后才开始办.
请问大家对下去一年的排期走势怎么看? 如果到新公司1年后重办, 这个PD relink容易
办么? 原来公司一般在什么情况下会revoke PD? 有什么要注意的.
谢谢!

e*r2012-07-22 07:07

2 楼

http://www.imminfo.com/Library/green_cards/EB/faq-i-140-pd-rete
Question: If I have an I-140 that has been approved, can I keep that same
priority date for my new I-140?
Answer: Yes. The USCIS regulations at 8 CFR 204.5(e) provides for the
retention of a previously established priority date under the circumstances
described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2),
or (3) of the Act accords the alien the priority date of the approved
petition for any subsequently filed petition for any classification under
sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify.
In the event that the alien is the beneficiary of multiple petitions under
sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to
the earliest priority date. A petition revoked under sections 204(e) or 205
of the Act will not confer a priority date, nor will any priority date be
established as a result of a denied petition. A priority date is not
transferable to another alien.
Question: What happens if my employer withdraws the approved I-140 petition
and the USCIS then revokes it?
Answer: The law is clear, unless the USCIS revokes the petition for fraud or
misrepresentation, you get to keep the priority date even if it is revoked
for any other reason.
Question: But I have heard some people say that any revocation will result
in the loss of the priority date?
Answer: This interpretation is incorrect. The USCIS, in the Adjudicator's
Field Manual, at Chapter 22.2(b)(5)(A)(5), makes it clear that only a
revocation based on a finding of fraud or misrepresentation results in a
loss of the priority date:
(A) Determining the Priority Date. In general, if a petition is
supported by an individual labor certification issued by DOL, the priority
date is the earliest date upon which the labor certification application was
filed with DOL. In those cases where the alien’s priority date is
established by the filing of the labor certification, once the alien’s Form
I-140 petition has been approved, the alien beneficiary retains his or her
priority date as established by the filing of the labor certification for
any future Form I-140 petitions, unless the previously approved Form I-140
petition has been revoked because of fraud or willful misrepresentation.
This includes cases where a change of employer has occurred; however, the
new employer must obtain a new labor certification if the classification
requested requires a labor certification (see the section on successorship
of interest). [Emphasis added]
Question: If my priority date becomes current before my new I-140 is
approved, may I file an I-485 and claim the earlier priority date?
Answer: Yes. If your new I-140 is pending, then you need to include copies
of the earlier I-140 approval notice and the fee receipt for the I-140. You
case will then be treated the same as a concurrent I-140/I-485. If your new
I-140 has been approved, then you need to provide copies of the two approval
notices with your I-485.
Question: What if I don't have a copy of the approval notice for my earlier
I-140?
Answer: You must be able to reference the earlier approval so that the USCIS
can see that it was approved and hasn't been revoked for fraud or
misrepresentation. If you don't have a copy of the approval notice, you may
tell them the file number (shown on both the receipt notice and the approval
notice). With that file number, the USCIS can pull the original file (which
they will do anyway) and confirm the approval.

【在 H***a 的大作中提到】

: 我的情况:
: 现在的公司已经办了EB-2 perm, 140已过在等排期, PD是2011年9月.
: 最近拿了个offer考虑换工作, 新公司必需得等工作满一年后才开始办.
: 请问大家对下去一年的排期走势怎么看? 如果到新公司1年后重办, 这个PD relink容易
: 办么? 原来公司一般在什么情况下会revoke PD? 有什么要注意的.
: 谢谢!

H*a2012-07-22 07:07

3 楼

Great, thank you so much!