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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 06-11-2009, 09:40 PM
iv6523 iv6523 is offline
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Default Perm intent question

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Hello,
Can some body clarify this for me please.

Some say PERM labor petitioning itself has immigrant intent.And some say after filing I-140 or I-485 shows immigrant intent and filing PERM labor alone
doesn't show immigrant intent.Which is correct?.

The reason I'm asking this question is that
If one has PERM labor certification being audited [forever!] and he wants to switch from H-1B to F1 / F2 while PERM labor is pending.WOuld there be conflict between Immigrant intent [ PERM] and F1/F2. And would COS to F1/F2 be denied?

Thanks,
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Old 06-11-2009, 10:58 PM
forgerator forgerator is offline
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neither is correct. By just having H1B you are showing immigration intent.

Dual Intent

H1B status carries "dual intent." This is an important distinction and difference from F or J status. "Dual intent" implies that a person may choose to return to the home country or may choose to move into permanent residency (or immigrant) status in the US. This issue is helpful when applying for the visa stamp overseas - unlike an F student or J researcher, an employee will no longer need to "prove" the intention to return home after program completion. "Dual intent" is also the reason that OIE and many attorneys will advise a person to obtain H1B status before applying to permanent residency in the US.
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