That seems like a rather minor point to focus on. As the wiki article you linked to spells out, dual-intent just means that the visa-holder is not barred from applying for a green-card while in country.
It isn't like holding an H1B is a necessary part of the process for getting a green card, or even necessarily a leg up on the process.
>It isn't like holding an H1B is a necessary part of the process for getting a green card, or even necessarily a leg up on the process.
How else does a young graduate outside of US, not part of the diversity green card program get a Green Card without H1-B or L1 Visas? Realistically H1-B/L1 visas are the only option for many people aspiring for green cards.
You are seeing it from the POV of the applicant, not from the POV of the people who designed the H1B visa program.
It is their intent that matters and if their intent were to facilitate such people's immigration there are better ways to do it since the green card process takes nearly the maximum term of an H1B visa. If you don't start the process from basically day one, you are probably not going to get that green card. If you switch employers mid-stream, the green-card process must restart which puts a practical end to it too.
>If you don't start the process from basically day one, you are probably not going to get that green card. If you switch employers mid-stream, the green-card process must restart which puts a practical end to it too.
And the alternative to that is to do what? Not bother and not try getting the green card?
The alternative would be a visa that was designed to avoid such punitive requirements. One that fast-tracked the applicant to a green card and automatically extended the term in case there was a delay in issuing the green card.
Oh - that one I completely agree. I wasn't looking at it from that angle. Certainly a VISA that not only screens the applicants and the jobs better and doesn't impose random restrictions would be of benefit to everyone.
I don't think either of your points here are correct either. Once you're in the process for the green card you can apply for extensions of your H1B. And from what I've been told, there is a point where you can switch employers and still continue with your green card application.
I'm not sure about your second point, but after some research it appears you are correct about extensions under limited circumstances. That was not the case for many years after the H1B visa was created.
It isn't like holding an H1B is a necessary part of the process for getting a green card, or even necessarily a leg up on the process.