* Priority Date 재활용
취업이민 1,2,3순위의 경우, I-140이 승인되면
나중에 다른 회사에서 새로운 LC로 신청해도 이전의 우선일자가 계속 유지됩니다.
물론 I-140이 취소/거부되었으면 안되구요.
* 관련 법: 8 CFR section 204.5(e)
(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.
– (sections 203(b)(1), (2), or (3) of the Act: 취업이민 1,2,3 순위를 말함)
* 이민국 처리 지침서
http://www.uscis.gov/propub/DocView/afmid/1
Adjudicator’s Field Manual (AFM) 22.2
(d) Priority Dates
…
(1) 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of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.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
참조:
http://www.lawbench.com/immigration-forum/1241/using-priority-date-from-an-old-labor-i-140
