485 eligibility

Hi @anil_am22 - I have my I-140 approved in 2007 in EB3 quota. Due to personal reasons we moved to India. My PD became current some time in 2018. My case has not been moved to NVC center and embassy did not informed about visa availability.

We are back in US, my wife is on H1 and I am on H4. Can I file 485 using approved I-140 as H4 is dual intent visa. My question is does INA203(g) applies to me ? My employer who sponsored my I-140 ready to support required documentation.

Also Can I convert from H4-H1b using approved I-140. My employer mentioned in 2018, they have mailed letter to USCIS for withdrawl of I-140 but never received any response ?