Many non-immigrant visas require that the alien not intend to remain permanently in the United States.  Thus, if the alien files for an immigrant visa, by, for instance, filing a Form I-130 or Form I-140, the alien would be declaring an intent to remain permanently in the United States that is contrary to the purpose of the non-immigrant visa.  However, certain visa categories, such as H-1B or L-1, allow a non-immigrant to possess this “dual intent” – a long-term intent to remain and a short-term intent to leave. In such situations, filing for an immigrant visa does not preclude issuance of a non-immigrant visa.

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