I want to go USA next your for PhD degree. wanna know can I start my own business while studying in university as a F-1 visa (full-time)student and change my visa to E2 and my study to part-time, or must waiting till finish my study?
There is nothing stopping you from creating a business at any time. But you can only work for it with authorization. And being a PhD student doesn't stop you becoming an entrepreneur and then becoming eligible for other visa options. Just don't work without the card.
Yes, the regulations do allow F-1 students to change their status while in the USA. But, be careful, the timing of such a procedure might call in question your original intent in applying for the F-1 visa in the first place. There is no inconsistency of status when an E-2 investor studies while in the USA. Lastly, do not confise haveing E-2 Status while in the USA with having an E-2 visa. If you have to leave the USA for any reason, you will essentially have to restart nad redo the E-2 qualifying paperwork from the start. And, there is no guarantee that the Consulate will look favorably on your application. Respecftfully, the answers to these questions involve considerations more complicated than you seem to think it does. As a business person and PhD. candidate, I am certain that you do not have to be told about the advisability of consulting legal counsel
Why come to US on F-1 VISA and then apply for E-2 STATUS?
The better option is to come to US on E-2 VISA and subsequently apply for the PhD program. You can study in US while your E-2 visa is valid. Of course you will have to dedicate sufficient time "directing and developing" the E-2 enterprise.
The E-2 process is complex and you should contact a qualified immigration attorney to discuss all options.
The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.
Yes you can come in on an F-1 and then change status to an E2. As an E2 you can study in the U.S. as long as you are also maintaining the E2 business and status. Although you can change status in the U.S. from F-1 to E2, the E2 visa requires that you apply again with your home U.S. embassy for E2 qualification the next time you leave the U.S. This is something you can discuss with an attorney when you are ready to apply for the E2. Also note that F1s often obtain post completion practical training (OPT) work authorization and use that time (one year) to start a business before they change status to E2. Whether you qualify for OPT depends on your F1 program.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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