I-140/I-485 concurrently filed in Apr08 - under EB2 category. I-140 got approved. But received RFE on I-485. It was for an unauthorized employment I took back in 2005 (>180 days). Didn't see any way out so withdrew the I-485.

After I-140 and I-485 was filed I did leave the U.S in October 2008 and entered using a new valid H1-B visa (Not AP) on Nov 27 2008. My H1-B is valid until Feb 2012 (Another three yrs). I understand, under 245(K) Memo I can start the whole process all over again (Labor, I-140, I-485) with a new employer.

My question is, Since I withdrew my I-485 case, and now I have a new I-94# Can I re-file I-485 (AOS) using the same approved I-140 (with the same employer)? Or is consular processing the only option left for me?