person entered USA with L1AB visa for work and wed with us citizen during stay. person also holds valid B2 visa. Would like to know can he do AOS based on B2 visa instead of L1AB on which he entered USA for work. this scenario applies if he resigns from company or decide to stay back with spouse at usa when his employer ask him to go back parent country. Does he need to seek permission from USCIS to stay in usa with B2 visa for 6 months and apply AOS during that period. Pl empower us with your knowledge power.
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Originally posted by seethambram View Postperson entered USA with L1AB visa for work and wed with us citizen during stay. person also holds valid B2 visa. Would like to know can he do AOS based on B2 visa instead of L1AB on which he entered USA for work. this scenario applies if he resigns from company or decide to stay back with spouse at usa when his employer ask him to go back parent country. Does he need to seek permission from USCIS to stay in usa with B2 visa for 6 months and apply AOS during that period. Pl empower us with your knowledge power.
He can apply for AOS any time after the marriage. He does not need to be in status at the time he applies for AOS, and does not need to be in status during the time the AOS is pending.
He does not need to apply for Change of Status to B2, and shouldn't apply for Change of Status to B2, as doing so would require him to lie about his stay being temporary.
This is my personal opinion and is not to be construed as legal advice.
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