我的理解是:我遞勞工卡和別人遞NIW中的I-140都是我們要求移民的開始,也是移民局要求我們申請移民的第一步,既然移民局已經“公平的” 把遞勞工卡的時間定義為Priority date,移民局也應該“公平的”把“向移民局申請至申請批準的天數”從Priority date開始計算。
-I agree with you and it is not fair to the PERM based I-140 case, but we have no choice at present until the law change. Actually this kind of unfairness is very often in immigration law. For example, a green card holder's spouse needs to take several years to get the green card, but a spouse of the person with pendingI-485 can use following-to-join to get the green card shortly.