1) you can't. it will be considered visa fraud. 2) no

you can’t travel and AOS on b1 as it s considered non-immigrant, this can be done only with dual intent visa (like L1).

@FlyHigh ❤️ Do not try it. That is termed illegality!

And what do you think guys about the opposite? if I opt for Adjustment of status and then changed my mind to consular processing? and how to do that?

Ok first of all you might want to see the reality of the retrogression right now. If you are under ROW you might as well stay here and change your status to a different visa category and wait for your PD to be current. Having a B1/B2 visa has no bearing when you come back here but the i-140 that was approved as you might have a hard time coming back. If I were in your shoes i would opt for AOS than consular.

@J A , thank you for your insight. For someone like me who is coming in on B1 visa, I still have to wait for 90 days to pass before I can opt for AOS, meanwhile I would have to be hoping that my PD (March 2023) becomes current in 90 days (By Feb 2024) for me to be eligible to file for AOS. From the look of the retrogression trend, you think there will progression or further retrogression?

First you have to answer which country are you from? if you are Rest of the World(ROW) your chances of filing for adjustment might be high however I would not rely on the visa bulletin because no one can predict if it moves forward or retrogress. Second, you have to have a back up plan in case things might get complicated. You have to ask these questions. Are you going to file for an extension or a change of status until your PD is current. Lastly, if you have an i-140 in place be ready to answer truthfully the CBP once you get in because chances are you might be asked about your approved i-140 and that might trigger CBP not to give you 6 months of stay here. So my suggestion would be ask a lawyer about your situation to give you an idea as an approved i-140 preceds an “immigrant intent” which might affect you.

@J A thank you so much, seems you read my thoughts. So, yes, I'm from Rest of World. I've been concerned about the unpredictability of the EB2 Visa bulletin, as we cannot really tell whether it would progress or retrogress. so, yes, I need to have a backup plan, say an F1 status in the US so I'm not stuck or go out of Status and that's even hoping the CBP officer gives me the usual 6 months at POE. Honestly, I've been very concerned but still positive, at least, let me see what the December bulletin looks like. Thank you so much