AOS Pending in US; Return to US after 5 years on H1B


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I was employed by a US company on H1B. My employer filed for my Green card under EB3. Priority date for AOS of mine as well as my wife is Nov 2006.
Due to certain family issues, I had to resign and return to India with family in 2009. I had valid H1B status when I left US. Our fingerprinting process has been complete. Our AOS Notice case status shows "Initial Review" on the USCIS website.
I would like to return to US later this year after 5 years. There is no possibility that my employer who sponsored my H1B and Green Card will sponsor my H1B again as the company is closed.


Can I go on H1B visa for different company accompanied by my wife on H4 visa and still salvage our pending AOS cases?


Kindly evaluate my case and let me know your opinion.

Thanks in advance.

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Yes, you can, in one way or another. Your first hope is that you might be able to use AC21, assuming your I-485 is still pending in good status. When you are back in the US, first, change the address on that petition to your current address. After you receive the notice, take an InfoPass, and just check in with the officer about the petition, make sure it's pending, that the address is correct and all that. Don't volunteer much info on how long you have been abroad. If asked how you traveled, say that you used H1B, not advanced parole. You can also hire a lawyer to check into the matter carefully. Your goal is to not trip "denied for abandonment" kind of action. 


However, if your petition is denied, you can still file a new case and use the old priority date. That would make it a lot easier for you.


The third option is the combination of the above. You can keep your pending I-485, use AC21, AND file another LC/I-140 with the new employer. That's the most secure, but it might be an overkill if you don't file in EB2.


I would interview a couple of lawyers (get a paid consultation) and hire whomever I liked more.

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