In practice, no, but that's not what "dual intent" legally means.
> It also seems wrong that applying for a green card could ever not constitute evidence of immigrant intent. Do you have a citation for that?
I did not say anything about "could not ever". I guess you could maybe interpret it this way, but if you actually followed the citation I gave, it would have been clear to you. What I meant was that the section 205b of Immigration Act of 1990, which is the legal basis of "dual intent" policy, explicitly amends section 214b of INA, to remove permanent residency application as acceptable evidence for the purpose of establishing immigration intent in context of section 214b.
The secondary information is more useful in practice, because it represents the actual practice, not legal theory.
> I said "could ever not", not "could not ever", but that's a moot point now.
Ah, sorry, I misread, it's my bad.
I don't think this is right. Section 214(b) indeed says that there is a presumption of immigrant intent, but for dual intent visas, such as the H1-B, it's not necessary to demonstrate that you don't have immigrant intent.
It also seems wrong that applying for a green card could ever not constitute evidence of immigrant intent. Do you have a citation for that?