Principal Applicant on H1B. Spouse on B1/B2 but lawful entry for 6 months only

[mamaoftwo]

I am on an H1B - valid 1-797 and 1-94, however my husband is on a B1/B2 and had valid stay in the US for 6 months only ( and not the required 1 year).
I am planning to apply under the FSW. Okay to send to Buffalo? since we are both here in the US?
Thanks.

 

[rupeshhari]

if you are the main applicant, you can apply. I don't think he can apply from the US.
You can apply and add him as your spouse. That would be okay.

 

[rupeshhari]

I presume you are allowed to stay in the US for more than one year.