H1 Visa Cap exempt possibility

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!


You dont need to be present in the US.

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?

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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