Yes.  Most nonimmigrants must overcome a presumption that they intent to reside permanently in the U.S. before they may be issued a nonimmigrant visa.  H-1B workers do not need to meet this requirement because they are allowed to have “dual intent.”  Dual intent is a concept under the immigration laws that permits some foreign nationals, including H-1B workers, to come to the U.S. on a nonimmingrant visa while intending to seek U.S. permanent residence.  Therefore, an H-1B worker may apply for an immigrant visa without threatening his or her nonimmigrant status or ability to obtain an extension of nonimmigrant H-1B status.

 Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.