本人现在PERM EB2 140批准,等待485排期现在无法file 485.
如果现在有别的好的工作机会, 是否可以在新公司重新file perm和140 但是保持原来的PD.
carl shusterman 律师说过只有非LC的case, 转工作可以保持PD,
但是下面是USCIS的一个在2005年的INTEROFFICE MEMO. 看来可以保持, 而且看来原来的雇主也不太能revoke140, 你的意见如何?
http://www.uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf
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of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.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).