Using EB2 approved I140 for I485 application after abandoning green card through EB1

[swederoxette]

I had got my green card based on EB1 approved I-140 but had to abandon it as I overstayed out of the country. I also had my EB2 approved I-140 in past which I have not used. Can I use it now to apply for a green card?

 

[ginnu]

I had got my green card based on EB1 approved I-140 but had to abandon it as I overstayed out of the country.
---- you got GC based on EB1. How many days you stayed out of US? How did you abandoned your GC? Did you went to US consulate and signed form Before US consulate/Embassy officer? what was the reason for your overstay out of US? were your family members in US when went out side? Need your full details to understand your situation.

I also had my EB2 approved I-140 in past which I have not used. Can I use it now to apply for a green card?
-------I-140 is employer Petition and not your Petition. Do you know that I-140 is not revoked? If not revoked and employer has job offer for you then I-485 can be filed if you are in US. Employer can also request for CP process. What is the PD of that I-140?

You did not post if you are out of US or in US? if in US on what status??

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[Jackolantern]

I had got my green card based on EB1 approved I-140 but had to abandon it as I overstayed out of the country.

You had an actual GC approved and then you abandoned it? Or did you only have an approved I-140 and you abandoned the GC process before completion?

Are you inside or outside the US? If inside, what is your immigration status?

If you had a green card, did an immigration judge make a determination of abandoning residence? Or are you just assuming that the green card is dead? Depending on how long you've been outside the US and the circumstances, you may be able to return to the US with an SB-1 visa.