GC issuance by USCIS before date is current in Bulletin

[AceMan]

Anyone receiving the GC without the PD being current should return the card to the USCIS. AFAIK - that is right the way to handle it.

I know a very specific case of a person 3-4 years back who had the screen name kabhoga in trackitt got Green card issued before his PD initially. He took pains to return the green card based on the lawyer advise and after about 6-9 months he got a new green card which had the start date from the time original green card was issued.


https://www.trackitt.com/usa-discuss...ervice-request

[jimmys]

Once you get your GC there is no need to second guess the process by which it was adjudicated.

Just move on.

When they find out it's a USCIS error later, they will try to blame it on you for not notifying them the error in first place.

[qesehmk]

When they find out it's a USCIS error later, they will try to blame it on you for not notifying them the error in first place.

Absolutely not. But I don't think it ever happens that they issue GCs ahead of time. That's Day dreaming.

[delguy]

When they find out it's a USCIS error later, they will try to blame it on you for not notifying them the error in first place.

Around a million GCs are issued every year and you guys really think most of the people actually are well versed with tracking priority dates and somehow matching the issuance date with a VB? I have relatives and friends from India who got GCs in EB1C in past, and I am sure they have no clue what exactly a visa bulletin is and how to check the dates. Most of us know about VBs because we are in such severe backlogs. Otherwise you just fill up the forms and let the law firm take care of the rest.

Unless there is fraud involved and applicant is part of that, there is nothing to worry about. USCIS will contact if they made a mistake. If they want you to cross check VBs after GC issuance, they will inform you when GC is issued.

[srisri]

Absolutely not. But I don't think it ever happens that they issue GCs ahead of time. That's Day dreaming.

Q - in the last 10 years since I have been reading immigration forums, I have read multiple instances where people who got GC when their dates were not current run into trouble. There was one case where a person was giving GC a week before the date was current and later was revoked without prejudice due to USCIS error, he was asked to show evidence of the job offer to re issue his GC. Which I think he didn’t as he left the employer. You can search in trackitt and may find the case.

I would recommend to speak with the attorneys and take relevant steps so in future you have something to show you did your due diligence and the error is in USCIS court.

For all other categories other than employment based. GC doesn’t require an employment offer at the time of reissue in such instances and a mere re application of I-485 would suffice.

[qesehmk]

Q - in the last 10 years since I have been reading immigration forums, I have read multiple instances where people who got GC when their dates were not current run into trouble. There was one case where a person was giving GC a week before the date was current and later was revoked without prejudice due to USCIS error, he was asked to show evidence of the job offer to re issue his GC. Which I think he didn’t as he left the employer. You can search in trackitt and may find the case.

I would recommend to speak with the attorneys and take relevant steps so in future you have something to show you did your due diligence and the error is in USCIS court.

For all other categories other than employment based. GC doesn’t require an employment offer at the time of reissue in such instances and a mere re application of I-485 would suffice.

Sri - You are a long timer so your opinion certainly weighs heavy. I do come across such anomalies but then I treat them as anomalies. Also remember, people lie fudge and make up things behind the safety of their computers. Even when they are asking advice they have to say they are asking for a friend of theirs - as if their friend doesn't know how to use internet!!

I can't speak for everyone but I guess I wont ever go to USCIS and tell them that they may have not followed their own rules and regulations in issuing my GC!! It's a very different matter if somebody wires you money and you blow through it. You are liable to pay it back!! But even then they can't punish you if you don't go and tell them that you got some extra money in your account.

I guess what I am trying to say is ... live a little bit fearless. If you have lived a clean life - and you get lucky with USCIS then enjoy it and believe me you deserve it. I have witnessed how USCIS and DOS at least since 2008 have been creative in finding creative ways to reduce ROW backlog and starve EB-IC. That has been quite racist of them IMHO. So if they make a mistake and issue any one of you a GC. Their mistake. I wouldn't go to town about it.

[vedu]

Sri - You are a long timer so your opinion certainly weighs heavy. I do come across such anomalies but then I treat them as anomalies. Also remember, people lie fudge and make up things behind the safety of their computers. Even when they are asking advice they have to say they are asking for a friend of theirs - as if their friend doesn't know how to use internet!!

I can't speak for everyone but I guess I wont ever go to USCIS and tell them that they may have not followed their own rules and regulations in issuing my GC!! It's a very different matter if somebody wires you money and you blow through it. You are liable to pay it back!! But even then they can't punish you if you don't go and tell them that you got some extra money in your account.

I guess what I am trying to say is ... live a little bit fearless. If you have lived a clean life - and you get lucky with USCIS then enjoy it and believe me you deserve it. I have witnessed how USCIS and DOS at least since 2008 have been creative in finding creative ways to reduce ROW backlog and starve EB-IC. That has been quite racist of them IMHO. So if they make a mistake and issue any one of you a GC. Their mistake. I wouldn't go to town about it.

Wow, couldn't have said it better myself! The AceMan's Trackitt example above showing somebody spent $15,000 on the lawyer to get the same GC reissued is the height of stupidity! Some people will never learn to live fearlessly even when they are given citizenship. The government agencies are there to help people, not to screw them. If they made a genuine mistake and realized it afterwards, they will do good by the people, not hold it against them. I have that much faith in the government. Also, if they ask you to show evidence of the job offer or being employed for certain number of years, etc. (whatever the law requires) and if you can't show them, then you were never a genuine applicant in the first place.

[vedu]

Q - in the last 10 years since I have been reading immigration forums, I have read multiple instances where people who got GC when their dates were not current run into trouble. There was one case where a person was giving GC a week before the date was current and later was revoked without prejudice due to USCIS error, he was asked to show evidence of the job offer to re issue his GC. Which I think he didn’t as he left the employer. You can search in trackitt and may find the case.

I would recommend to speak with the attorneys and take relevant steps so in future you have something to show you did your due diligence and the error is in USCIS court.

For all other categories other than employment based. GC doesn’t require an employment offer at the time of reissue in such instances and a mere re application of I-485 would suffice.

Even in the worst of the worst scenario, there is a statute of limitations of 5 years. That I got from the link Visivarama shared before: https://uscode.house.gov/view.xhtml?...edition=prelim

After that, even the Attorney General can't come after you. Somebody please correct me if I am wrong in my interpretation. Otherwise, that's the final word.

[Moveon]

Even in the worst of the worst scenario, there is a statute of limitations of 5 years. That I got from the link Visivarama shared before: https://uscode.house.gov/view.xhtml?...edition=prelim

After that, even the Attorney General can't come after you. Somebody please correct me if I am wrong in my interpretation. Otherwise, that's the final word.

I agree with Vedu and Q. Stop living in eternal fear. You are losing sleep for the .001% case and the govt will not come behind you for their mistake . They can't recall your green card because if they do , they will not be able to place you into any immigration status , IOWs its a state not handled by the system. They have nothing to gain unless you committed an immigration fraud to game the system in which case they will take action. Maybe those were the cases , but no will accept that they committed anything wrong .
Lets close this thread and moveon to the more important things that need to be addressed .

[srimurthy]

Discussion and Information around GC issuance by USCIS before date is current in Bulletin

[Moveon]

Thanks for the new thread .
Guys , once you get an RFE these days how long does it take for the dates to become current ? Asking in the context of EB2-I cases that got EAD in 2012 .
I suppose there is no interview for those who filed AOS in 2012 .

Finally any idea on the trakkit thread that shows dates on RFEs for PDs .

Thanks

[srisri]

Wow, couldn't have said it better myself! The AceMan's Trackitt example above showing somebody spent $15,000 on the lawyer to get the same GC reissued is the height of stupidity! Some people will never learn to live fearlessly even when they are given citizenship. The government agencies are there to help people, not to screw them. If they made a genuine mistake and realized it afterwards, they will do good by the people, not hold it against them. I have that much faith in the government. Also, if they ask you to show evidence of the job offer or being employed for certain number of years, etc. (whatever the law requires) and if you can't show them, then you were never a genuine applicant in the first place.

Vedu - I think it’s the choice of the individual based on their risk appetite. I wouldn’t call someone foolish or stupid if they chose to either speak or not speak to USCIS. Also, the person left the job in the initial petition doesn’t mean he is not gainfully employed. I don’t know that particular individual’s situation so can’t comment if he was a genuine applicant. As far as I remember he filed MTR and spent a lot of money to get his GC back which he could have avoided if he approached USCIS at the time is issuance. Having said that there could be other examples where similar situation was never an issue.

I spent 20 years in this country w/o GC and if I ever get into such situation I would reach out to USCIS and get it resolved. I wouldn’t have the time and energy to deal with it say 5 years down the line.

Peace out guys. Hopefully the VB comes out soon and we can see light at the end of the tunnel.

[vedu]

Vedu - I think it’s the choice of the individual based on their risk appetite. I wouldn’t call someone foolish or stupid if they chose to either speak or not speak to USCIS. Also, the person left the job in the initial petition doesn’t mean he is not gainfully employed. I don’t know that particular individual’s situation so can’t comment if he was a genuine applicant. As far as I remember he filed MTR and spent a lot of money to get his GC back which he could have avoided if he approached USCIS at the time is issuance. Having said that there could be other examples where similar situation was never an issue.

I spent 20 years in this country w/o GC and if I ever get into such situation I would reach out to USCIS and get it resolved. I wouldn’t have the time and energy to deal with it say 5 years down the line.

Peace out guys. Hopefully the VB comes out soon and we can see light at the end of the tunnel.

The problem with most of the trackitt examples I have reviewed is as follows. The person calls USCIS about it, and the first level USCIS representative that they talk to is himself confused about what the guy is talking about. What if you talk to USCIS contact person and he tells you there is no issue. You can't go past him and request to talk to his boss. Are you going to force him to take the GC back in that case? If he still doesn't want to take it back, are you going to get an expensive attorney involved? How far are you going to go to force USCIS to reverse the process? On the other hand, if you are satisfied with the first level USCIS person that you get to talk to and once he says there is no issue, you give it up, then also there is no guarantee that eventually somebody higher up in USCIS won't catch the mistake and then blame it on you. Or are you going to demand it in writing if they say there is no issue?

Also if you follow Trackitt, some people who returned the GC got the same GC (with the same expiry date) reissued, because I suspect USCIS has noway to undo previously approved I-485. Let's for the sake of argument, they figure out how to take back previously approved I-485 after a long pending state (year or so), and meanwhile, your old Medical expired. So, you may get a new RFE, another medical, etc., etc. Are you willing to go through that hassle all over again after already spending 20 years in this mess?

Also, the law says that after five years, the statute of limitations ends and nobody can come after you. That part is crystal clear to all of us. So, some people's claims that this can create problem while applying for citizenship are certainly not true. You can apply for citizenship after five years. At the end of the day, it is an extremely rare occurrence, and to each his own.

[AceMan]

Vedu - I think it’s the choice of the individual based on their risk appetite. I wouldn’t call someone foolish or stupid if they chose to either speak or not speak to USCIS. Also, the person left the job in the initial petition doesn’t mean he is not gainfully employed. I don’t know that particular individual’s situation so can’t comment if he was a genuine applicant. As far as I remember he filed MTR and spent a lot of money to get his GC back which he could have avoided if he approached USCIS at the time is issuance. Having said that there could be other examples where similar situation was never an issue.

I spent 20 years in this country w/o GC and if I ever get into such situation I would reach out to USCIS and get it resolved. I wouldn’t have the time and energy to deal with it say 5 years down the line.

Peace out guys. Hopefully the VB comes out soon and we can see light at the end of the tunnel.

For this person USCIs had got the dates wrong March 2005 instead of March 2007 and processed the 485 few months early.

[jimmys]

Vedu - I think it’s the choice of the individual based on their risk appetite. I wouldn’t call someone foolish or stupid if they chose to either speak or not speak to USCIS. Also, the person left the job in the initial petition doesn’t mean he is not gainfully employed. I don’t know that particular individual’s situation so can’t comment if he was a genuine applicant. As far as I remember he filed MTR and spent a lot of money to get his GC back which he could have avoided if he approached USCIS at the time is issuance. Having said that there could be other examples where similar situation was never an issue.

I spent 20 years in this country w/o GC and if I ever get into such situation I would reach out to USCIS and get it resolved. I wouldn’t have the time and energy to deal with it say 5 years down the line.

Peace out guys. Hopefully the VB comes out soon and we can see light at the end of the tunnel.

I true that. Let USCIS know and take it from there.

USCIS makes lot of errors in approving H-1B/H-4/L-1 visas. And, applicants and lawyers who are contacting USCIS to correct their errors on H-1/H-4 are not foolish and stupid.