Can you refile employment-based 485 after withdrawal?

[Robz]

Hello, there! I went through H1B, PERM, EB2 140 (and EB3 downgrade)  and 485 submission, but left the US (and my former employer) in late 2016 and then withdrew 485 in Apr 2017 (after receiving RFE). My priority date had never been current before I withdrew it.

 

Now (due to unforeseen reasons) I would like to move back to the U.S and my former employer would like to have me back as well. They are willing to sponsor me for H1B (I still have about 15 months' unused clock from the 6-year window). But the lawyer expressed concerns that (1) my H1B application might be denied (I'm in financial services); (2) if needed, renewing my H1B beyond 6 years based on prior approved I-140 may be rejected; (3) they are not sure whether they need to start GC process from scratch or can still submit 485 when my priority is current (currently EB2 is not current but EB3 is current).

 

Apparently (1) is a general fear which we can put aside or now. (2) and (3) are due to my withdrawal of 485. Their opinions are new to me. Can anyone share some thought? Thanks very much.

[pontevecchio]

 EB2 140 (and EB3 downgrade)  ??

What is your PD ?

[Robz]

Thanks for your reply. My PD is 5/30/2013. It was current under EB2 from Nov 2017 to Aug 2018 and under EB3 from Oct 2017 to today (except July 2018 when it retrogressive). Any insights would be appreciated.