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Question #11: I was first employed by a company in Ohio. I filed for the labor certification (LC) with a filing date of 4/96. The LC was approved, but I didn't file I-140. The company was later acquired by my current employer in Indiana. My current company filed another LC with a filing date of 6/98. When I file the I-140, I requested the earlier priority date with both LCs attached. The INS approved I-140, but they gave me the later priority date. Am I entitled the earlier priority date?

Carl Shusterman: From your deion it seems that you are entitled to the earlier priority date. Of course, this depends on a number of factors, including whether both labor certifications were filed for the same occupation, whether the new company was a "successor in interest" to the old company, etc.

Question #12: If I go to another employer and file another RIR, I-140, do I get to keep the original 8/97 PD?

Carl Shusterman: The rule is this: Whenever you have a visa petition approved under EB-1, EB-2, or EB-3, and for whatever reason you do not use that visa petition but file a new one instead you are entitled to the earlier priority date as long as the second petition is also under EB-1, EB-2, or EB-3. Remember, however, that it is the approval of the petition, not merely of the labor certification, that allows you to establish and keep the earlier priority date.

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• 謝謝你！ -[@A@]- ♀ (0 bytes) () 01/05/2008 postreply 22:46:48