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Question

I went throughTN, H1B, PERM, EB2 140 (and EB3 downgrade) and 485 submission, but left the US (and employer) in late 2016 and then withdrew 485 in Apr 2017 (after receiving RFE). My priority date (5/30/2013) had never been current before I withdrew it. Now (due to unforeseen reasons) I want to move back to the U.S and my former employer would love to have me back. They are willing to sponsor me for H1B (I still have 15 months left from the 6-year window). But the corporate lawyer expressed concerns that (1) (if needed) renewing my H1B beyond 6 years based on prior approved I-140 may be rejected due to withdrawal of 485; (2) they are not sure whether we need to start GC process from scratch or I can still submit 485 when my priority is current (currently EB2 is not current but EB3 is current). Their worries are new to me. Can you comment on your thought on the risks and likelihood of (1) and (2)? This is critical as my employer may not have time to do PERM (after denial of 3-year h1b extension based on approved 140 or denial of 485). Thanks a lot!

User's Location: SAn Mateo, California, United States of America

Category: Employment-based Green Card