Filing I-485 when on B-2 visa in the US

Reza2024

Reza2024

New Member
My H-1B visa expired on June 2024 after I lost my job due to downsizing. I switched to B-2 visa immediately to get a job offer , which due to tight market I was not yet successful. I am extending my B-2 visa for few more month to get a job offer and get back on H -1B. My I-140 was approved last year and I am current to file for I-485. I was wondering whether I could file I-485 when I’m on B-2 visa? thank you
 
Yes. But there is a risk they may accuse you of misrepresentation, because in your I-539 for B2, you were required to attach a statement saying how your stay would be temporary.
 
Thank you for your response. In the I-539 i mentioned that my I-140 was approved and wrote that “to file for I-485 I need to secure a job and filing for B-2 will give me the enough time to get a job to continue working in my field of national interest.” I didn’t mention that I will go back to my country. Thank you. Reza
 
Reza2024 said:
Thank you for your response. In the I-539 i mentioned that my I-140 was approved and wrote that “to file for I-485 I need to secure a job and filing for B-2 will give me the enough time to get a job to continue working in my field of national interest.” I didn’t mention that I will go back to my country. Thank you. Reza
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Has the B2 extension been approved?
 
What do you think about this: He came to USA on B2. Met with his LPR future wife and got married. He did not apply to adjust his status because he was advised to wait for her citizenship. He overstayed 2 years. The he left USA for a year. He came back using the same visa, but his entry was not rejected, therefore he entered in US. Moved on with his life, had children, adjusted the status after the wife became citizen. Now he wants to apply for his citizenship. What is the risk he will take by doing so? PS never on removal proceedings, never any criminal records.
 
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