Applying for GC while in India, without L1 or H1

Hello there,

My employer recently missed the deadline for H1 applications. I wanted to check if it is possible to apply for a GC (EB1) from India while you don't have an active L1 or H1.

Any link to supporting info would be great!


If you are an exectuve/manager and qualify for EB-1 category, then they can file it for you. It is not necessary to be working for that employer in US at the time of GC filing. But it might be subject to audit to know how your employer thinks you are the best employee for the position etc.

Thanks, Saurabh.
I have a follow-up question. I am a manager. The USCIS site says, “You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.”
Now, is this 1 year necessarily a continuous 1 year? or any periods of stay with the same company during the last three years outside the US can count towards the 1 year requirement?

Appreciate your help.

I don’t think it is a continuous year, but you should check w/ your attorney.