To apply i140 from India

PERM applied on April 2021. Maxed out H1 & came to India by June 2021. After PERM approval, can I apply i140 from India and in Premium?

Yes, I140 can be applied even if you are not physically present in the US.

Kalpesh, Thx for the quick response. Can i140 be applied in Premium for a EB3 case from India. Considering i have maxed out my H1 and in India now for 3 months will i be able to get an extension or should apply for a new H1. Whether the new H1 will go through lottery in that case?


Your employer can file cap-exempt H1B under AC21 after your I140 is approved. No need to go through lottery/cap-subject.

Thx Kalpesh. Can we do premium processing of H1 cap exempt? Will it give work permit to work in the US ( May I travel back to US after H1 approval and stamping?)


Yes, once H1B is approved, you can travel to US with a valid visa stamp and work for the sponsoring employer.