IN_LC_2002
Registered Users (C)
Since EB3 visa number retrogressed and EB2/1 visa number was predicted to retrogress at any time now, I believe there are a lot of H-1B holders like myself start to worry about losing Priority Date(PD) no matter due to change of employer, or job location, or EB catagory, and so on and on. Shouldn't we think about filing a petition to ask for maintaining our PD (the very first LC application receiving date) no matter what changes just for the purpose of filing I-485? The reasons are:
1. DOL couldn't justify LC cases timiely in the past half decade. RIR and traditional LC process is taking up to 5 years to get justified. After 5-year of waiting, if people get rejected, they have to file another LC and as a result to lose their PD. This is not fair. Aummably PD is the date you start your green card process and take your spot in the lonnng line.
2. Within five years, even LC process has gone through many changes, traditional, RIR, and now PERM, why it is not acceptable for changes like employer moving locations, employer mergers, job relocations, promotions and etc.
3. Because the whole green card process is getting lengthier and lengthier, if people can't maintain their PD for filing I-485 due to any of the job related changes, USICS may double or triple their work to process H-1B extension. The reason is simple, within 5 years, I believe at least 50% of people will go through one or more of those changes. In order to keep PD, many people may not notify USICS or DOL. If people are allowed to maintain their PD, they will notify USICS and DOL about the changes, which is a better and cleaner process, and will difinitely reduce USICS' workload to process H-1B extension
4. The only concern about maintaining PD maybe fraud. I think fraud can be eliminated easily by elimiating LC substitute, which is going to be history anyway.
In summary, I am thinking we should ask USICS to use the date of everyone's first LC receiving date as the stamping date for filing I-485 instead of the receiving date of the certified LC.
1. DOL couldn't justify LC cases timiely in the past half decade. RIR and traditional LC process is taking up to 5 years to get justified. After 5-year of waiting, if people get rejected, they have to file another LC and as a result to lose their PD. This is not fair. Aummably PD is the date you start your green card process and take your spot in the lonnng line.
2. Within five years, even LC process has gone through many changes, traditional, RIR, and now PERM, why it is not acceptable for changes like employer moving locations, employer mergers, job relocations, promotions and etc.
3. Because the whole green card process is getting lengthier and lengthier, if people can't maintain their PD for filing I-485 due to any of the job related changes, USICS may double or triple their work to process H-1B extension. The reason is simple, within 5 years, I believe at least 50% of people will go through one or more of those changes. In order to keep PD, many people may not notify USICS or DOL. If people are allowed to maintain their PD, they will notify USICS and DOL about the changes, which is a better and cleaner process, and will difinitely reduce USICS' workload to process H-1B extension
4. The only concern about maintaining PD maybe fraud. I think fraud can be eliminated easily by elimiating LC substitute, which is going to be history anyway.
In summary, I am thinking we should ask USICS to use the date of everyone's first LC receiving date as the stamping date for filing I-485 instead of the receiving date of the certified LC.