現在持J1簽證，已經waiver了，到年底我的合同就結束了。現在正在找工作階段。本
來準備下個月就遞交140了（EB1A)，辦個加急，早點拿到綠卡。結果聽律師說我必須得先申請
H1簽證才能交140，大家也知道現在公司工作不好找，去學校做薄厚辦H1速度很慢，我
可能來不及了，有可能要回國。 我記得以前看過帖子說J1 waiver之後就可以辦綠卡的
，怎麽這個律師說不行呢，是我記錯了，還是律師沒弄明白啊，希望明白人給指條明路
，我拖家帶口的好多東西沒法一下子回國啊。謝謝了先。
律師的分析：
A requirement for J-1 nonimmigrant eligibility is that an alien seeking such classification have nonimmigrant intent rather than immigrant intent. In other words, an alien may not intend to remain permanently in the United States (i.e. immigrant intent) without jeopardizing his or her nonimmigrant status. This requirement usually manifests itself as:
- a need to maintain an unabandoned foreign residence abroad; and
- a presumption that the alien is an immigrant until the contrary is established.
However, not all nonimmigrant categories are subject to these requirements. Where they do not apply, it is often possible to apply the doctrine of "dual intent". Dual intent means an intention to immigrate at some time in the future while properly maintaining a nonimmigrant status in the present. Hs and Ls, for example, are exempt from this requirement.
Dual intent is not recognized for J-1 visa holders. The filing of an I-140 is direct evidence of intent to remain in the U.S. Thus, while you could possibly file the I-140 while in J status, you run the risk of having to return to your home country during the pendency of said filing and being forced to Consular Process, which would slow the process down significantly.
