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H1B Visa - Frequently Asked 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.

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33.

Are there any travel restrictions on H1B visas?

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

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.

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