EB1 on H1

[h1eb1]

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 will transfer me to USA in managerial position 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

[raghvi]

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 will transfer me to USA in managerial position 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

1. Yes, possible.
2. Possible.

This is my opinion not legal advice.