QUICK QUESTIONS
My E-3 employer is no longer in business; can I keep my priority date if I find a new petitioner?
Yes. Per the Foreign Affairs Manual: “Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, 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.”
Your new prospective employer will need, however, to file a new I-140 and complete all the necessary associate paperwork before your interview with a consular officer can be scheduled.
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I had my consular interview in May this year, but was issued a 221(g) letter for I had no job offer during the time of interview. Few months thereafter, my recruiter informed me that my E-3 employer is no longer in need of foreign nurses, hence would no longer provide me a job offer. I found a new employer that immediately gave me a job offer. Can i submit that job offer accorded to me by my new employer to meet the requirement for the issuance of a visa? The job offer was the only document I was not able to present during said interview. Thank you.
Thank you for your interest in the VISAtisfied Voyager.
To enable us to address your concerns regarding your visa case, we request you to send an email to IVManilaReplies@state.gov. You need to indicate your complete name and case number when sending your inquiry.