"In addition, INA 214(h) provides that an H-1B nonimmigrant may have "dual intent," i.e., the fact that an H-1B nonimmigrant has sought permanent residence in the United States or will be seeking such status in the future does not preclude him or her from obtaining or maintaining H-1B nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the H-1B classification and depart voluntarily at the end of his or her authorized period of stay, and, at the same time, lawfully seek to become a permanent resident of the United States without jeopardizing H-1B nonimmigrant status. Consequently, your evaluation of an applicant’s eligibility for an H-1B visa must not focus on the issue of immigrant intent." [1]
1. if H1Bs are not to lead to green cards per your interpretation of existing laws, then no H1Bs should lead to green cards, regardless of country of origin
2. if H1Bs do lead to green cards as we know they do in practice, as per my 'dual intent' understanding, or as per your 'wink wink' description, then they should lead to green cards regardless of country of origin
But the inconsistency in providing green cards to Tunisian H1Bs in 18 months while providing green cards to Indian H1Bs in 100 years is where the problem arises, and that is why the young author with a bright future is headed to India instead of applying his intelligence and abilities in the US.
Ordinarily, applying for permanent residency would signal immigrant intent, which would be a violation of the H1B. The INS later created “dual intent” as a legal fiction that says that applying for a green card doesn’t, by itself, create a presumption of immigrant intent. Congress codified this narrow exception in the 1990s—but never eliminated the requirement that H1Bs have non-immigrant intent. See section 205(h) on PDF page 66: https://www.justice.gov/sites/default/files/eoir/legacy/2009...
> (h) The fact that an alien is the beneficiary of an application for a preference status filed under section 204 or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15) or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph,
When someone here on an H1B applies for a green card, the government winks and says “we will both pretend that you still intend to go back home.” Their legal rights are limited to this indulgence. If they signed an affidavit swearing that “I definitely intend to immigrate here permanently and abandon my residence in my home country” the government might well be forced to kick you out.