EB2 India - Reinstate withdrawn I-140 based on initial PERM

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Hi all,

I have EB-2 I140 approved from my previous employer with PD as May 30, 2014. Unfortunately, my employer withdrew my I140 after I left the company much later than 180 days (I was able to renew my H1s fine and get my wife H4 EADs too). While, my current employer is still working on my GC PD transfer (yet to start PERM).

Now that the filing date is current, I reached out to my previous employer and he said they have withdrawn my I140.

What are my options here? Can my previous employer reinstate based on my initial PERM approval and then file for my I485 AOS? Is there any hope here for me? It is getting ne worried in possible retrogression.

Please advise.

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If you previous employer still have the GC job for you and is willing to sponsor your GC, they can file I-140 using the old PERM. They may request premium processing of I-140 after 30 days of filing.

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Ya exactly, I did speak to him and he says his attorneys told him it can’t be done. He says he can’t reinstate my I140 based on that PERM. Is he not truthful here?