Short answer: US H-1B, L-1, O-1 and similar recognise dual intent even with immigrant filings; B visitors and F students must still show nonimmigrant intent. Travel with a pending EB case needs counsel first.
US Dual Intent While EB Is Pending
Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director
Summary
Some nonimmigrant classes allow dual intent; visitors/students still must show temporary intent.
FAQ
B visa with I-526 pending?
Higher risk — must show temporary visit intent.
Is H-1B safer?
Dual-intent classes are more compatible.
Refused at the port?
Possible depending on class and inspection.