Many clients get tripped up at the border with the intent to stay permanently while entering the country on a temporary visa. Unfortunately, a customs enforcement agent is ready to catch you in this trap. So beware!
When applying for permanent residency in the U.S., which includes the authorization to work in a virtually unrestricted way, you must match your current visa intent with your future plans.
Your “intent” is a major factor the government looks at when approving your application to stay and work in the U.S. If your intent doesn’t match, our application will be denied.
Most people who do not enter the U.S. on a visa waiver program, enter on a B-1 visa is a “visitor” visa.
Non-immigrant visas, such as a B visa, are for individuals with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work or study.
The intent of a visitor – according to the government – is to return home.
On the other hand, and H visa is a “dual intent” visa there is much more time to apply for a green card. Dual intent means you plan to visit and work and at the same time may stay for the longer term and apply for a green card. Applying for an H1B and a green card at the same time is possible in this instance. However, applying for a B visa and a green card at the same time is not.