do i have any ground for consideration?


nandac

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I first came to the usa in 1997. my company filed for my green card. but at the end of 1999 I had to go back to india due to my father's illness. the company then cancelled the green card.

 

I came back to usa in 2004 through another company. they filed for my green card in 2004 end in eb3. by 2005 my labour/i140 had been approved.

 

but in the end of 2006 again my father took ill and so again I had to return to india.

 

so in 2007 august/September, when gc processing was opened up, I could not come to the usa due to familial responsibilities.

 

I was able to come back only in jan 2008 and was there till mid 2009.

 

so given the length of my stay in the usa, my gc processing history, the familial circumstances due to which I could not avail of my green card - is there any way to appeal to the INS to get atleast EAD?

 

either directly or through a lawyer? any scope?

 

appreciate the insights.

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how can I avail of a 1999 priority date? the first green card application of 1997 was cancelled by the company afaik.

 

only the second 2004 application for green card by a different company passed labour and I-140.

 

or am I missing something here?

 

Since you are able to avail of a 1999 priority date, all you need is a GC sponsor to start and get PERM approved and then file Concurrent I-140 plus AOS.

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Since you are able to avail of a 1999 priority date, all you need is a GC sponsor to start and get PERM approved and then file Concurrent I-140 plus AOS.

 

btw afaik that original green card application in 1997 or 1998 never even crossed the approval of labour.

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There is no benefit that can be requested just based upon this history, alone.

 

It should be possible to retain the priority date from the 2004 approved I-140 in a newly-filed GC case. But, the new case will have to start all over again entirely, with a PERM, I-140 etc. The advantage will be that, at the I-140 stage, the priority date should (with very limited exceptions) be the 2004 date. This can even be done if the next filing is in EB2, rather than EB3.

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