An India Redditor shared the struggle of waiting for a Green Card in the US while remaining on the H-1B temporary visa. The Redditor said he was approved for a Green Card over a decade ago but the priority date is still frozen in ice. “My daughter asked about summer vacation today. I didn’t have the heart to tell her that I’m still terrified to book a flight because of stamping risks. That’s the majboori of this life—missing years of Diwalis and weddings back home just to keep this “golden cage” job,” the post read. “12 years. 3 presidents. Countless “recession” scares. But my priority date? Still frozen in ice,” the post added. “Is this what we crossed oceans for? To be ‘stuck’ for over a decade? Does anyone else feel like they’ve just put their real life on hold until a PD (priority date) moves?” it said. Reddit users commented that they waited for 15 to 18 years to get a Green Card.
What is I-140? What does I-140 approval give you?
I-140 approval means that US Citizenship and Immigration Services has approved an employer’s petition to classify a foreign worker for Green Card or employment-based permanent residence. It is filed by the employer as they inform the USCIS that they are offering a person a permanent job and they qualify for an employment-based Green Card. The approval means the person’s priority date is locked in. With an approved I-140, one can extend H-1B in three-year increments beyond the 6-year cap, even if you change employers. For Indian H-1Bs, the waiting time is long as people who filed petitions around 2012, 2013 are current now. The US system limits employment green cards to about 140,000 per year total, and no more than 7% can go to any single country. Because India sends so many high-skilled workers (especially in tech), this cap creates a huge backlog that moves slowly.
Can a person with an I-140 approval get his or her visa revoked?
Yes. The approval for Green Card does not mean protection of the visa. As the person is waiting for his or her Green Card, they are like any other H-1B visa holders and their visas can be revoked in normal grounds of visa revocation.
