September 26, 2006 | In: 范毅禹律师
有关优先日期使用及Employment-Based 移民申请
By Jan Krasny
在一些申请案例中，申请人的I-140被批准，而相应的优先日期(priority date) 还没排到。其后申请人再以另外的申请类别提交的I-140也被批准了，但相应的优先日期也还没到，那么，申请人是可以在后者使用第一个申请所获得的优先日期。以下请看有关分析：
In cases where a petitioner’s I-140 Immigrant Petition for Alien Worker is approved, and receives a priority date that is not current, and later a second I-140 petition is approved based on a different immigrant category with a priority date that is also not current, but where the first priority date would make the petitioner current under the second approved petition, the petitioner is entitled to use the earliest priority date.
To see how the regulation (8 CFR 204.5(e)) works, please consider this illustration:
1. Tom submits an I-140 Immigrant Petition for Alien Worker based on the EB-3 category, this petition is approved and a priority date is set for April 10, 2003.
2. Tom submits another I-140 based on the EB-2 category, this petition is approved and a priority date is set for May 15, 2006.
3. Under the current Visa bulletin, only Chinese mainland petitioners in the EB-3 category with 5/1/2002 or earlier priority dates are eligible to apply and receive an immigrant visa.
4. Those in the EB-2 category must have a 4/1/2005 or earlier priority date to be eligible to apply for their permanent residence.
5. Under the above specified regulation, Tom can use his EB-3 April 10, 2003 priority date to apply for permanent residence under his approved EB-2 category petition that requires a 4/1/2005 or earlier priority date. Specifically the regulation states that if a person files multiple employment based petitions, the petitioner “shall be entitled to the earliest priority date.”
If you have an already approved I-140 based on a category that is not current, but you 寄信人: waterrose (水玫瑰)标 题: hi发信站: BBS 未名空间站 (Tue Sep 26 11:42:04 2006)来 源: 128.210.
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