现在持J1签证，已经waiver了，到年底我的合同就结束了。现在正在找工作阶段。本
来准备下个月就递交140了（EB1A)，办个加急，早点拿到绿卡。结果听律师说我必须得先申请
H1签证才能交140，大家也知道现在公司工作不好找，去学校做薄厚办H1速度很慢，我
可能来不及了，有可能要回国。 我记得以前看过帖子说J1 waiver之后就可以办绿卡的
，怎么这个律师说不行呢，是我记错了，还是律师没弄明白啊，希望明白人给指条明路
，我拖家带口的好多东西没法一下子回国啊。谢谢了先。
律师的分析：
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.
