Starting GC and renew H1-B from India with 2 months recapture time

[mayflower]

Hi,

 

I worked in USA from 2006 to 2012 on H1-B visa. I returned to India in 2012.
Green card process was not completed in time and the last US employer was not ready to proceed further.I have a LC processed by last US employer which is certified and expired.

I have around 2 months of time which I can recapture.
In the situation where there is an new employer who is READY to process a green card and H1-B please let me know if the following steps/scenario is possible for me to renew/transfer H1-B to the new employer.

 

1. Apply for labour condition(LC) for GC from India.

 

2. Apply for I-140 for GC from India based on LC approval

 

3. Based on the I-140 approval and the pending recapture time(2 months) apply for LCA and renewal/transfer of H1-B from India.

 

Please let me know if there is problem with any of the above steps.

 

Thanks in advance.

 

Regards,
Employee

 

[pontevecchio]

It is possible.

[rahul412]

You are 100% right.