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> Ever wonder why the H1B says “temporary” status on paper, and you have to pretend like you plan to go back home at some point? (“Dual intent?”) As I understa

> Ever wonder why the H1B says “temporary” status on paper, and you have to pretend like you plan to go back home at some point? (“Dual intent?”) As I understand it the "dual intent" means you don't have to pretend you plan to go back home at some point. After I switched to an O-1 from an H-1B for a new job I was advised not to leave the country while my green card application was in progress because applying for a green card could potentially be grounds for denying entry at the border on a visa like the O-1 without the dual intent.

dilyevsky 5y ago
Yes h1b dual intent means you dont have to prove ties to homeland and such as was explained to me by my company’s lawyer a while ago
rayiner 5y ago
No, dual intent means that you can have the non-immigrant intent required for the H1B while doing something that would cause the government to infer immigrant intent, like applying for a green card: https://www.dekirby.net/library/dual-intent-article.cfm https://www.dekirby.net/library/dual-intent-article.cfm > The concept of dual intent is a legal fiction that allows an immigration officer to grant a nonimmigrant visa or admit a foreign national into the United States even though the visa may allow for the holder to seek permanent residency status. This means that a foreign national may enter the United States on a nonimmigrant visa that may allow him to seek a green card in the future or, alternatively, he has already filed a petition for a green card but is seeking to enter the United States on a nonimmigrant visa. The distinction is critical. At all times when you hold an H1B, you’re saying “I intend to go back when my H1B expires,” because that’s required by the visa. All you have with “dual intent” is the government’s executive grace that they won’t consider it to be a signal of immigrant intent when you apply for a Green card.

dilyevsky 5y ago

Yes h1b dual intent means you dont have to prove ties to homeland and such as was explained to me by my company’s lawyer a while ago

rayiner 5y ago

No, dual intent means that you can have the non-immigrant intent required for the H1B while doing something that would cause the government to infer immigrant intent, like applying for a green card: https://www.dekirby.net/library/dual-intent-article.cfm https://www.dekirby.net/library/dual-intent-article.cfm > The concept of dual intent is a legal fiction that allows an immigration officer to grant a nonimmigrant visa or admit a foreign national into the United States even though the visa may allow for the holder to seek permanent residency status. This means that a foreign national may enter the United States on a nonimmigrant visa that may allow him to seek a green card in the future or, alternatively, he has already filed a petition for a green card but is seeking to enter the United States on a nonimmigrant visa. The distinction is critical. At all times when you hold an H1B, you’re saying “I intend to go back when my H1B expires,” because that’s required by the visa. All you have with “dual intent” is the government’s executive grace that they won’t consider it to be a signal of immigrant intent when you apply for a Green card.