H1B Working Visa

Frequently Asked Questions & Answers

26. I am still the employee of my company, but without pay, what is my status?

As per the law, you should get paid from day one of your U.S. employment. You cannot live in the U.S. without a salary unless you are on unpaid vacation or sick leave. Your status is legal and valid, but if you are not able to find another employment quickly, it is advisable to leave the U.S. If your employer refused to pay your salary, you can complain to the nearest USCIS office or Department of labor (DOL).


27. 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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28. Are there new exemptions to the H-1B cap?

Yes, in addition to increasing the cap, AC21 exempts H-1B workers who are employed by or have an offer of employment from:

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.


29. Are there any travel restrictions on H1B visas?

No, there are no travel restrictions on H-1B visa. You may travel outside the U.S. and reenter as many times during the validity period of the H visa and approved petition.


30. 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:

  1. Institutions of higher education
  2. Related or affiliated nonprofit entity
  3. 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.