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发帖数: 1098 | 1 在本版内看到
B. PD PORT的问题: (这点自己参考USCIS的MEMO)
只要你有APPROVED的I-140的COPY件,就可以在新申请的I-140的时候要求PORT 你的PD.
即使你APPROVED的I-140被REVOKE (作假的除外)
http://www.mitbbs.com/article/EB23/31436723_0.html
这个消息准确吗？
为什么我看到
http://forum.murthy.com/index.php?/topic/29399-porting-priority
murthy的律师的却是如下：
The regulation that governs porting of priority dates states that it does
not transfer when the I-140 is revoked. The regulation itself makes no
distinction as to how it was revoked. It is only in guidance issued by USCIS
that states the priority date can transfer so long as it is not revoked for
fraud or misrepresentation. | N*******r
发帖数: 1098 | 2 8 C.F.R. § 204.5 Petitions for employment-based immigrants.
(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. | N*******r
发帖数: 1098 | 3 From: William R. Yates
Date: 09/23/05
Re: Interim Guidance Regarding the Impact of the Department of Labor’s (DOL
) PERM Rule on Determining Labor Certification Validity, Priority Dates for
Employment-Based Form I-140 Petitions, Duplicate Labor Certification
Requests and Requests for Extension of H-1B Status Beyond the 6th Year.
Revisions to Adjudicator’s Field Manual (AFM) Chapters 22.2(b)(2), 22.2(b)(
3)(B), 22.2(b)(3)(F), (22.2(b)(5) and 33.3(g)(8) (AFM Update AD 05-15)
.....
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140 petitions, unless the previously approved Form I-140 petition has been
revoked because of fraud or willful misrepresentation.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 | N*******r
发帖数: 1098 | 4 http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-2
By current law, you can. But need to remind/call the VO sometimes, because
not everyone is familiar with this type of situation. |
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