AOS abandonment and Refile


dnivra

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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?

 

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A complex situation which needs Good Lawyer input. Your AOS is deemed denied under the circumstances. I suspect AC21 will not help you. You can find out whether A has revoked your I-140 and if not whether they are interested in going ahead in which case you can file AOS again once the dates are again current for you.

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