I am currently working under an E-2 essential employee visa but I would like to start my own business.
I have already put together a business plan and I verified I should meet all the requirements to apply for an E-2 investor visa.
I just don't know how I should handle the change of visa. Can I keep working for my current company while applying for the E-2 for my new own business?
I believe there cannot be any moment where two E-2 are active at same time but I would like to stay without a job for the shorter possible period of time.
I will definitely contact an immigration attorney soon but, in order to have an idea, I just would like to know from you what do you think about it.
Any suggestion on how I should proceed is very appreciated.
Thank you so much!
You answer this question on a consultation with an immigration attorney experienced in these types of cases. Why? it is very fact specific inquiry.
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Step 1 is to meet with an experienced immigration attorney to review all the requirements, documentation, etc.
The Court of Appeals for the Seventh Circuit recently stated: "The Immigration and Nationality Act is a bit of a beast. It is not known for being warm or cuddly; words like "intricate" and "Byzantine" come more readily to mind. Nor is it known for being easy to understand; we have often re-marked on its fiendish complexity."
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
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The best way is to fly home and apply at the US Consul there. That way you'll avoid any overlap and can safely switch.
NOW is the time to meet with an attorney.
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Don't quit your current position until you ger the E-2 petition approved. You need to prepare for the worst case scenario, so you can prepare your plan based on certain conditions. However, since the immigration wants to see that you are committed as an investor, you would have to make many critical decisions along the way, so a competent immigration is a must, I believe. Best of luck to you.
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Generally speaking, one can file for a 'change of status' to another ground of E from a previous E if the prior status is still lawfully maintained. If the change of status (new filing) is approved, you can leave job one for job two (owner/investor). If it is all done properly, you shouldn't have to leave the U.S. to accomplish this. Clearly, good attorney involvement and preparation will be key.
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The decision will be a matter of strategy within the limitations of the law. Also - there is are some different procedures and restrictions depending on the way you go. Further, there are many requirements for the E2 visa. I think you should speak with an E2 lawyer regarding this.
Sachdev Law PC - Phone: 916-248-6667 (free initial phone consultation).
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