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?

1 Answer 1


Immigrant intent means intent to immigrate during this stay. When you enter on an F-1 visa, you are not supposed to have preconceived intent to file Adjustment of Status (I-485) during that stay. If the officer suspects that you intend to file I-485 during that stay, they can deny you entry. The fact that you are the beneficiary of a pending or approved petition doesn't mean that you will file I-485 during that stay, but it could increase the chance they will question you about it or deny you entry.

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