回複:回複:回複:RELINK I-140 , PLEASE ASK 863211 or Pijiang

來源: 2011-03-11 20:44:07 [舊帖] [給我悄悄話] 本文已被閱讀:

The regulations are specific that if the I-140 is revoked, the priority date cannot be carried over by the alien to a new case. There is, however, a memorandum (without the weight of law) that says one can keep the priority date unless revoked for misrepresentation or fraud. The adjudicators field manual also says this. Fortunately, the USCIS seems to be following the broader view. But it is important to remember that a memorandum and the adjudicator's field manual does not have the force of law. The law is reflected in the regulations.