I-485 Withdraw and refile


indian99

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All, Thanks for valuable information and my case moved to new stage. I have old EB3 1-485 filled and pending since 2008, in between i was on H1B all the time in USA and back to my country for 3 years and returned to USA on new H1B. When i was back in India I don't have H1B or AP. So assuming my 485 is consider abandoned, I want to withdraw my old 485 and want to refile a new 485 on my new I-140 ( New 140 is EB2 and approved recently with porting old PD).

 

Can I able to withdraw old 485 without impacting new EB2 140 and able to file new 485 without an issue?  Can I withdraw simply by myself or need an attorney ?

 

Thanks for support

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I would let a Lawyer file to prevent any confusion and also to have it filed comprehensively with no chance of any RFE. If you are confident in the paperwork then file yourself. Look at the paperwork involved and decide whether you want a Lawyer involved either full service or to have them look at your documents for completeness.

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