EB2，PD 2008/04，I140 半年前批准。准备换工作，去外州。希望保留PD，新公司的律师如是说：
I would like to address the question regarding recapturing a priority date from an approved I-140 should the previous employer revoke the approved petition. The answer to this question is that it really is up to the discretion of USCIS. USCIS has issued guidance in the form of a Letter which states that one cannot recapture a priority date when the I-140 is revoked for fraud or misrepresentation. However, the regulations state that one cannot use the earlier priority date if I-140 is revoked at all. While our firm has had success in retaining earlier priority dates in situations where the I-40 petition has been revoked, it is really up to the discretion of USCIS whether it will allow the recapture.
我也问过其他律师，人家说：your PD after I140 approval is yours to keep. 你说该咋办？ 我个人认为新公司的律师说法不妥，因为，this is a matter of law. If it can be lawfully recaptured, then it should be handled this way across the board.
我该咋办？我问了新公司律师，PD在源公司revoke时，uscis favor 源公司的可能性有多大？还有就是这个letter 和regulation何者在先、何者在后。 你们看呢？请多指教。
非常感激！！