| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 32. | Can I intend to immigrate permanently to the U.S. when on H-1B visa? | | |
| | | Yes, you may apply for Adjustment of Status while on H-1B visa. You may be the beneficiary of an immigrant visa petition, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as 'dual intent'
in the immigration law. During the time your application for LPR status is pending, you may travel on your H-1B visa rather than obtaining Advance Parole or requesting other advance permission from USCIS to return to the U.S. |
| 33. | How does AC21 affect the H-1B cap?
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| | | | | Section 214(g) of the Immigration and Nationality Act sets an annual limit on the number of foreign nationals
that can receive H-1B status in a fiscal year. For FY2000 the limit was set at 115,000. AC21 increases the annual limit to 195,000 for 2001, 2002 and 2003. After that date the cap reverts back to 65,000. |
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| 34. | Are there new exemptions to the H-1B cap?
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| | Yes, in addition to increasing the cap, AC21 exempts H-1B workers who are employed by or have an offer of employment from: | | | |
| | | • | Institutions of higher education |
 | | • | Related or affiliated nonprofit entity |
| | • | Nonprofit or government research organization |
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| | | | | Note: AC21 also specifies that H-1B worker be counted against the cap if the worker transfers from an
'exempt' employer to an employer that does not have an exemption. In addition, the FY 2001 cap does not include H-1B petitions filed after USCIS reached the FY 2000 cap on March 22, 2000 but before September 1, 2000. USCIS estimates that approximately 30,000 petitions were filed during that time frame. |
| 35. | When did the law come into effect? |
| | | | | Almost all of the provisions of AC21 and the related legislation came into effect immediately upon enactment. The
law was officially enacted on October 18, 2000. The sole exception is the increase in H-1B petitioner fee from $500 to $1000, which takes effect on December 17, 60 days after enactment. |
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