Legal Question in Immigration Law in California

Hi,
I used to work in USA between 2006 to 2010 on H1-b visa for 38 months (duration in USA). I returned to my home country in Feb 2010. For last 4 years I am working in the capacity of manager with my employer and my employer may move me to USA as manager in next few months.
My questions are
1) Can I recapture not utilized period on my H1 (32 months)?
2) If I move on H1 then can I file GC under EB1 category?
I would highly appreciate your answers on this.
Thanks
SB

Asked on 2/18/15, 8:12 am

3 Answers from Attorneys

Vincent Martin Cundy & Martin, LLC

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Since you have been outside of the United States for more than a year, your H-1B time starts all over again. In addition, depending on your level of management, you may also be eligible for L-1A visa status.

Let me know if you have more questions.

Vincent Martin

[email protected]

Answered on 2/18/15, 8:18 am

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Marlene Hemmings Marlene Hemmings, Attorney at Law

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Too much time has passed, so you cannot recapture. The company would either need to apply for a new H-1B on April 1, 2015 or possibly apply for an L-1A/B on your behalf (I don't have enough detail to advise you as to which L-1 visa you would qualify under).

EB-1 is only available for those who are already in L-1A status, however, the criteria is much stricter for the immigrant visa as a Multinational Exec than the L-1A visa. The company could possibly file a labor certification application on your behalf, depending on your level of experience &/or education.

Answered on 2/18/15, 2:03 pm

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