I am on F-1 STEM OPT in the US (no H-1B yet, since it's a lottery every year). My employer wants to apply for EB-1B (green card) since my lawyer thinks I may qualify, although each application is judged on a case-by-case basis so there's no guarantee of approval.
But let's say I applied for EB-1 and I did not get dual-intent H-1B/O-1 visa in time to stay and work in the US. Will my approved/rejected green card application prevent me from getting future visas since technically I showed immigrant intent on non-immigrant F-1 visa?
Same question for EB-2 NIW since my lawyer thinks I will get approved 100%, but if I choose to travel when it's pending/approved but before change of status is submitted, will that prevent me from re-entering the US on a non-immigrant visa?
P.S.: I asked my lawyer this same question and he said it's only immigrant intent if I-485 is in process/approved. I don't mean to question a lawyer's knowledge or experience but I'm highly skeptical. If the CBP/visa officer can see my GC application it's upto them whether I intend to immigrate isn't it? And will they consider it as a violation of non-immigrant clause and cause all sorts of visa problems in the future?