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superdude123

File I-485 with my old company

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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 I left to my home country when my project was over in June 2010 and my old employer told me that they have withdrawn my I-140 in April 2011.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.

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You cannot file an AOS wince the underlying I-140 was revoked.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. 

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If the old employer has withdrawn the I-140 they would have to start the process from scratch if they want to offer you a job.

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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.

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