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Can I file AOS from B2 based on F2B family preference. (After COS from H1B to B2)

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  • Can I file AOS from B2 based on F2B family preference. (After COS from H1B to B2)

    Hi all,

    i wanted to get some insight into my situation. I was recently laid off and have till end of December before my grace period ends. I also have an i130 petition filed through my mother who is a LPR. Our priority date is July 2016. It’s possible that the filing date becomes current in the next few months.

    my initial plan is to file a I539 COS to B2. I have 6 months left on my lease and have sufficient funds to pay rent etc. since I’ve lived in the US since 2012, I think it’ll be essential for me to stay a bit longer to wrap up things to move abroad.

    my question is whether I can file AOS based on my i130 from my a parent LPR while on the B2 status. I know this possible based on marriage but haven’t seen any info for my situation that is based on the f2b category.


    thank you!
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