Adjustment of Status from B2

#1
I'm a Colombian citizen born in Colombia visiting to USA on multiple entry B2 visa for the first time on 06/11/2019 and I-94 is expiring on December 11th 2019. During the stay i found a person whom i want to get married to and his visa status is H1B with I-140 approved priority date as of 2013.

1. If we decide to marry before my stay expire, can we both apply AOS I-485 while i'm here on B2 visa under "cross changeability" ? and am i authorized to stay from the date of I94 expiry and 485 approval time ?
2. If we decide to marry before my stay expire, should i apply for H4 dependent spouse visa, wait until it's approved (approx 4-6 months wait) and then apply for I-485 under interchangeability ?
3. If we decide to marry little later, which is after my stay expiry, can i apply for extension of stay for another 6months and then apply AOS I-485 while i'm here under "cross changeability" ?

My most worry some question is - When applying for I-485, B2 visa qualifies for change of status along with my fiancee who is on H1B with approved I40 and priority date 2013 ?
 

newacct

Well-Known Member
#2
1. yes
2. you can apply for Change of Status to H4 before your status expires; it doesn't matter if it's before or after you apply for AOS (I-485)
3. no. You cannot apply for B2 Extension of Status if you intend to do AOS during your stay. You can still file AOS as long as you haven't been out of status for 180 days, since you are in an employment-based category.
 
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