(d) Refiling Procedures. (1) Employers that filed applications under the regulations in effect prior to March 28, 2005, may, if a job order has not been placed pursuant to those regulations, refile such applications under this part without loss of the original filing date by:

    (i) Submitting an application for an identical job opportunity after complying with all of the filing and recruiting requirements of this part 656; and

    (ii) Withdrawing the original application in accordance with ETA procedures. Filing an application under this part stating the employer's desire to use the original filing date will be deemed to be a withdrawal of the original application. The original application will be deemed withdrawn regardless of whether the employer's request to use the original filing date is approved.

    (2) Refilings under this paragraph must be made within 210 days of the withdrawal of the prior application.

    (3) A copy of the original application, including amendments, must be sent to the appropriate ETA application processing center when requested by the CO under Sec.  656.20.

    (4) For purposes of paragraph (d)(1)(i) of this section, a job opportunity shall be considered identical if the employer, alien, job title, job location, job requirements, and job description are the same as those stated in the original application filed under the regulations in effect prior to March 28, 2005. For purposes of determining identical job opportunity, the original application includes all accepted amendments up to the time the application was withdrawn, including amendments in response to an assessment notice from a SWA pursuant to Sec.  656.21(h) of the regulations in effect prior to March 28, 2005.