AOS on b-2 visa ?

[stonelette]

I'm visiting my husband (who is on H-1b visa) on a B-2 visa and our I140 has just been approved. We want to file I485, but I'm leaving the states for seven weeks in April. So my questions are 1) can I file AOS on my b-2 visa? (2) can I travel and come back with an H-4 as I assume I cannot get Advance parole before I leave in April? Thanks!

[kw177]

AOS on b-2 visa

Not Legal Advice:

can I file AOS on my b-2 visa?

Yes. Should be No Problem.

can I travel and come back with an H-4?
Assuming you can get someone to issue you with an H4. Since you will be an appllicant to adjust status at that point you may not be eligible. You may have to wait for the advance parole.

Check with a lawyer to be sure.