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Hi Folks, I would really appreciate if any of the senior members could comment on my case My I140 and I485 was filed in 2007 by company A in EB3 category. I-140 approved. Changed to company B using AC21 in 2009. This company kept my H1B and EAD for the tenure. Relocated to another country after leaving company B in 2013. Company B withdrew my H1B and EAD expired. Came back to US in 2015 using H1B of company C It seems that my I-485 is abandoned and I need to withdraw my I-485. Question Can my company C withdraw my I-485 and refile it due to the abandonment?

Your AOS petition will be abandoned if you are outside of US for a long time without a valid AP or an H1B and come back to work for the same company. Since your AP got expired and you did not have a valid H1; in your case, you also joined another employer while coming back.. your AOS is abandoned. The best way is to withdraw your I-485 and file another PERM, I-140 and I-485 for your new employer retaining your old priority date.

I am in exactly the same boat and my PD is going to get current next month. Fingers crossed. Could you please share what is in the second RFE once you get it.

Hi Folks. Here is my situation. I would like to know if USCIS will consider this as abandoned I-485? 1) Got my I-140 approved in June 2006 . Filed I-485 in July 2007 in EB3 -India via company-A. 2) Switched to company-B in Oct 2009 using EAD and applied for AC21. Company-B also filed an H1-B. 4) Moved to India without CP in 2013 (2 years). 5) Came back to the US in 2015 after applying for H1B for another company-C. Company-C got the H1 based upon the pending I-140. During all these years, I have not been out of status in the US. Due to my India travel, will this be considered as abandoning the GC? Also, my fingerprinting request stopped coming after 2010. I mostly went for 3 times to fingerprint. It seems some issue with the address change, but the request never came to me. I would really appreciate if someone knowledgeable would reply as my priority date is coming current.

Hi Folks, I would like to know if I can apply for an H1-B without being counted in the CAP and have to wait for Oct. I relocated to India 2 years ago with the following status I-140 approvd I-485 applied, PD - June 2006 EB3 EAD expired in sept 2014 AP expired in 2013 H1-B with US employer to expire in Dec 2015 If I need to relocate back to US with another employer, can the new employer file a H1-B without waiting for Oct 2015 and the lottery system? Please advise all possible ways.

Thank you folks for the guidance. my I-140 has not been revoked. Can the new employer file a fresh H1-B without getting into quote?

Hi Folks, Appreciate if you could guide with the following situation I worked in the US for 12 years and relocated back to India in March 2013 and working for company B. I have my I-485 filed with priority date June 2006 in EB3 category My H1B with employer A is still valid till Dec 2015. I plan to relocate back to the US to a new company C. Does the company C need to file a fresh H1-B which comes under the CAP or can they port my I-485 and issue a AP ? Any other solution is also appreciated. Please let me know.