H1 Visa Cap exempt possibility

USA H1B Visa
1

Hi All,

I was on H1B visa in US till 2021 Feb. I returned to India with only 7 months left for completing 6 year’s in US and my I797 expired in August 2021. I am still with the same employer and working for the same client.

Question 1: Can I apply for H1B cap exempt Visa?
Question 2: Can I apply GC from India or I have to travel to initiate GC? (Likely it will be in EB1 category)

Thanks in advance!

2

Yes.

You dont need to be present in the US.

3

Thanks for your reply. So can I initiate GC along with H1B non-cap filing from India itself as I have only 7 months left for max out?

4

Yes, you can apply for both. GC process starts with filing a PERM application by your GC job sponsoring employer. Talk to your employer.

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