Thanks ,every one for replying to my questions .I got some information in Immigration site posted by one of the regestered user with some references to the above question.(Sorry for not checking this information before posting it to this site)
If my friend rejoins company A from company B using AC21 it looks like irrespective of the EB2 or EB3 he gets back his earlier labor priority date ( If my understanding to the below said document is correct).
Please provide your inputs on this.
Regards,
Online_to_gc.
The below statements are from those respective sites. I have put it for information purpose only.
http://www.immigrationlinks.com/new... Petition.pdf
http://foia.state.gov/masterdocs/09FAM/0942053N.PDF
9 FAM 42.53 N3.2 Second and Third Preference
(TL:VISA-173; 11-10-1997)
a. The priority date accorded by an employment-based second or third preference petition based upon an individual labor certification is the date on which the labor certification was accepted for processing by an em-ployment service office in the Department of Labor. The priority date in a case which either does not require an employer or meets the labor certifica-tion requirement under Schedule A or the Department of Labor’s Pilot Pro-gram is the date on which the petition was properly filed with INS. [See also 9 FAM 42.53 N3.5 .]
b. Petitions do not have to be from the same petitioner or be for the same type of employment. However, where the applicant is no longer pro-ceeding to work for the first petitioner, it would be reasonable to make in-quiries to determine whether the first petition had been revoked.
9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications (TL:VISA-173; 11-10-1997)
a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresen-tation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently for the same beneficiary. In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions.
b. A priority date established in the employment-based first, second or third preference category, however, is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.
9 FAM 42.53 N3.7 Substituting Alien Beneficiary (TL:VISA-284; 05-17-2001) Once a labor certification has been approved, an employer may substi-tute another employee. Although the certification remains valid, the substi-tuted employee does not retain the original priority date, but rather is as-signed a priority date as of the date the employer requested the substitu-tion.
