Dependent Adjustment on B2

[fmkhan88]

In U.S on B2 & while here my wife labor (PERM) got approved.

As per visa bulletin priority date for my wife case is current & we are NOT from India, China, Philippine or Mexico . Therefore attorney just concurrently filed/sent i-140 (EB3) for my wife & as dependent also sent my AOS, EAD & AP.

Initially i was worried about adjusting here on B2 but after consulting several attorneys who strongly suggest me to adjust status here to avoid unnecessary delays, i go for it.

My concern is; My B2 entry is about to expire & attorney is asking not to worry/leave cauz i have application receipt from USCIS which shows my AOS application is received therefore its pending with USCIS, otherwise if i will leave without at least bio-metrics then it will be considered abandoned. Also once he said that if i am so worried then at least i should get my finger prints/bio-metric done for AP then i can leave and when my AP will arrive in mail, my wife will sent that to me back home & i can come back on AP.

If God forbid something went wrong with my wife i-140/denied i still want to come to see her on my visit visa. PLEASE ADVISE !

[newacct]

They're right. You can stay for as long as your AOS is pending.

Also, you cannot leave before your AP is granted, or your AOS will be automatically abandoned. You cannot leave and then have someone send it to you later.