File I-485 with my old company

[superdude123]

Hi,

My PD is July 25 2008 in EB2 category and I-140 was approved in Sep 2009. I left to my home country when my project was over in June 2010 and my old employer told me that they have withdrawn my I-140 in April 2011.

Recently I came to US in H1B work visa with a current employer. My question is:

Can I file my I-485 based on a Job offer from my old employer since the EB2 cutoff date is current for my PD?

What are the requirements and potential issues that are there in filing I-485 and associated Applications?

Thanks.

[pontevecchio]

You cannot file an AOS wince the underlying I-140 was revoked. What is possible is for an employer to start from PERM onward and you usually retain your PD. 

[JoeF]

If the old employer has withdrawn the I-140 they would have to start the process from scratch if they want to offer you a job.

[superdude123]

Thanks JoeF and pontevecchio.

My new employer started the GC process by filing the PWD 2 months back. How much time does it take for the GC to come for me? Just a conservative estimate since the PD is current for a while.

[pontevecchio]

Assuming everything is above board and the company has credibility, consular Processing would give you the GC the fastest.