New Yates Memo - Pirority Date Problem

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GreenCardVirus

Registered Users (C)
Guys what does it mean by the highlighted part. Anyone changing jobs using AC21 should file for labor again to retain PD ?????????

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(5) Priority Dates. The priority date is used in conjunction with the Visa Bulletin issued by the Department of State (DOS) to determine when the beneficiary can apply for adjustment of status or for an immigrant visa abroad. Determining the correct priority date for an immigrant visa petition is very important. Of equal importance is making sure that the Form I-140 approval notice carries the correct date. Another USCIS office or DOS may use the information on the approval notice to make a determination on the beneficiary's eligibility to file an application for adjustment or for a visa. Issuance of an incorrect approval notice can cause multiple problems for USCIS, other DHS entities, consular posts, petitioners, and alien beneficiaries. (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
 
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This could be a serious issue for guys using AC21 if what noted above is true.

GreenCardVirus, pls provide a link to the source of this memo. Thanks.
 
Wang2Mazi said:
This could be a serious issue for guys using AC21 if what noted above is true.

GreenCardVirus, pls provide a link to the source of this memo. Thanks.
Click to expand...
What is a serious issue for you using AC21? Specify your concern.
 
I assume it's about the part "however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest)."

Was anyone able to track down where the 'successorship of interest' info can be found?
 
Where does this speak of AC21, if not then it pertains to scenario of 140 only where

485 is not yet filed and someone wants to use the PD say EB3 to EB2 then one has to file labor and then use the PD for 140, which is not new. At least the contents below don't say a word on AC21 unless the actual memo mentions that. As per what you are trying to convey here based on this is that AC21 folks have to refile labor????. Did I miss anything else it is old stuff
GreenCardVirus said:
Guys what does it mean by the highlighted part. Anyone changing jobs using AC21 should file for labor again to retain PD ?????????

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(5) Priority Dates. The priority date is used in conjunction with the Visa Bulletin issued by the Department of State (DOS) to determine when the beneficiary can apply for adjustment of status or for an immigrant visa abroad. Determining the correct priority date for an immigrant visa petition is very important. Of equal importance is making sure that the Form I-140 approval notice carries the correct date. Another USCIS office or DOS may use the information on the approval notice to make a determination on the beneficiary's eligibility to file an application for adjustment or for a visa. Issuance of an incorrect approval notice can cause multiple problems for USCIS, other DHS entities, consular posts, petitioners, and alien beneficiaries. (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
Click to expand...
 
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nato said:
485 is not yet filed and someone wants to use the PD say EB3 to EB2 then one has to file labor and then use the PD for 140, which is not new. At least the contents below don't say a word on AC21 unless the actual memo mentions that. As per what you are trying to convey here based on this is that AC21 folks have to refile labor????. Did I miss anything else it is old stuff
Click to expand...

You are correct - it is old stuff. The headline of that section is meant to be for approving I-140 petitions ... does not even apply for those who already filed for I-485, let alone AC-21. Looks like GreenCardVirus successfully fooled some of us ... or spread a virus, you could say.

:(
 
Its a completely wrong interpretation of the memo.
This just states the way to retain your prioirty date from a previous Labor Certification and an approved I-140.

Additionally it states how you can change jobs and still retain the priority date with the new company by filing a fresh labor and then at the time of I-140 use the priority date from the previous filing.

neocor
 
So is it safe to assume that new memo has got notting to do with AC21. And we can retain our priority date by invoking Ac21 even after 140 is revoked, correct ?
 
neocor said:
Its a completely wrong interpretation of the memo.
Additionally it states how you can change jobs and still retain the priority date with the new company by filing a fresh labor and then at the time of I-140 use the priority date from the previous filing.
neocor
Click to expand...

If one changes job with approved I-140, most likely one can invoke AC21. Why does he/she need to file LC again in new company? This doesn't make sense.
 
GCIsTortoise said:
If one changes job with approved I-140, most likely one can invoke AC21. Why does he/she need to file LC again in new company? This doesn't make sense.
Click to expand...

He does not need to file LC again.
I was referring to a situation where a person left a company before the AC21 came into effect and his I-140 had cleared, I know a friend who left the company before 2001 and had to restart the GC processing afresh (no AC21 at that time).
For his case he can still retain the priority date from the previous filing because his I-140 was cleared.

Now another case with AC21 is for a person who wants to switch to EB2 in the new company and the previous filing was EB3 for which the I-140 is claered and he invoked the AC21. Now he would have to file a fresh Labor in EB2 with the new comapany and at the time to filing I-140 he will use the Priority date from the previous Labor.
Offcourse he does not need to do anything once he invokes the AC21. He is perfectly safe.

neocor
 
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