Dual Intent & Maintaining H‑1B Validity During Green Card Processing
The H-1B visa is one of the few U.S. work visas that recognizes dual intent, allowing foreign nationals to live and work in the United States while pursuing a Green Card at the same time. This unique feature offers flexibility and security during the lengthy immigration process, enabling professionals to plan for permanent residency without compromising their current H-1B status. Understanding how dual intent applies to H-1B holders during the Green Card process is essential for maintaining lawful status, avoiding gaps in employment, and ensuring compliance with USCIS rules. For personalized guidance on managing transitions between nonimmigrant and immigrant categories, trusted immigration advisors like https://www.eb5brics.com/h1b-visa/eb5 can help streamline your path from H-1B to Green Card approval.
For many H-1B professionals – particularly those from India and China, where visa backlogs are significant – understanding how to maintain lawful H-1B status while a Green Card application is pending is essential. Mishandling this process can lead to complications that delay or jeopardize one’s immigration path.
What Is Dual Intent?
Dual intent allows visa holders to have both the intention to remain temporarily in the U.S. (for work) and the intention to immigrate permanently (through a Green Card). Unlike most nonimmigrant visas, which require proof of intent to return home, the H-1B visa accepts that professionals may eventually want to stay in the U.S. permanently.
This flexibility is what makes the H-1B especially valuable – it enables applicants to begin the Green Card process through employment-based categories such as EB-1, EB-2, or EB-3, without violating their visa terms.
For further information regarding immigrant and non immigrant visas, visit: https://www.cbp.gov/travel/international-visitors/visa-waiver-program/requirements-immigrant-and-nonimmigrant-visas
Maintaining H-1B Status During the Green Card Process
Even though H-1B holders can pursue permanent residency, it’s crucial to maintain valid nonimmigrant status until the Green Card is approved. Here are key considerations:
- Stay in valid H-1B status – Continue to work for the sponsoring employer and keep all extensions up to date.
- Avoid unauthorized employment – Any unauthorized work can invalidate your H-1B status and harm your Green Card case.
- Travel considerations – Once you file Form I-485 (Adjustment of Status), international travel may require Advance Parole unless you have valid H-1B visa stamping.
- Employer changes – If you switch employers during the Green Card process, ensure proper H-1B transfer filing and consult an attorney to understand how it affects your pending petition.
Challenges for Indian and Chinese Nationals
Due to country-specific visa caps, Indian and Chinese professionals often face longer waits for Green Card approval under the EB-2 and EB-3 categories. Many use the H-1B’s dual intent provision to remain in the U.S. lawfully during this period, renewing their status while waiting for priority dates to become current.
This extended timeline has led many professionals to explore alternative routes, such as the EB-5 investor visa, which can offer faster residency depending on availability in their reserved visa categories.
The Bottom Line
The dual intent nature of the H-1B visa provides crucial stability for professionals aiming to transition to permanent residency. However, maintaining valid status, tracking extensions, and understanding category-specific backlogs – especially for Indian and Chinese nationals – are key to avoiding disruptions.
For those facing long waits, exploring other immigration options like the EB-5 may provide a faster and more predictable path to U.S. residency.