B1 to E2

[jodim 0]

I came to the US on a B1/B2 last November and it expired so I applied for the extend which I am awaiting the result of, I did put in for the extension before it expired however.

During this time the purpose was to interview staff, view offices, make connections and set up my business in the US.

I have now managed to get everything together, and within the next month or so will be in the position to apply for a E2.

Now what I want to know is do I need to return to the UK (I am a British citizen) or can I change my status here and stay in the US as I can not really leave at the moment as it is critical for the business to have me in the US.

Now I have not heard back about the extension, and I understand there is a 2.5 month processing time, can I also change status while this is pending, the extention was only to take me until the end of November.

[Boiler 45,558]

I really really hope you have a Lawyer involved!

You need to be in status to change status and I am by no means clear if you will be. What reason did you give for the extension.

You realise that you can not work on a B2?

[Harsh_77 718]

Normally B1 for business is only granted an 90 days....from your dates you been in country for 9 months.

Second you need some status to transfer from one status to another.

[kzielu 1,149]

So what it means is if you extension is denied, you're out of status with an overstay and can forget about any visa for a while...

[Boiler 45,558]

B1/2, which one did you seek admittance under? is usually granted for 6 months. VWP is 90 days.

[Harsh_77 718]

B1/2 - For Business Purpose normally 90 days can be 6 months but in general its a business trip.

B1/2 - Tourist visiting family can be upto 6 months

VWP - upto 90 days.

[jodim 0]

It is a B1/B2 and it was granted for 12 months, I did not come over straight away as I was taking care of business.

As I understand as I filed the paperwork at the right time, if denied and I go home asap then I have not overstayed which if this is the case I will do that.

I have never worked in the US and my stay has been funded by my company in the UK, everything I have done has been for the purpose of getting the E2.

I would have been covered on the B1/B2 for the stay if I had flew over straight away but as I have a company in the UK I needed to take care of that.

What I was inquiring about was can I apply for the E2 now and change my status while I am awaiting the disiossion on my extension, the reason why I did not file the change of status then was because legal held up the lease of an office so it has taken long than I hoped.

[Harsh_77 718]

It is a B1/B2 and it was granted for 12 months, I did not come over straight away as I was taking care of business.

As I understand as I filed the paperwork at the right time, if denied and I go home asap then I have not overstayed which if this is the case I will do that.

I have never worked in the US and my stay has been funded by my company in the UK, everything I have done has been for the purpose of getting the E2.

I would have been covered on the B1/B2 for the stay if I had flew over straight away but as I have a company in the UK I needed to take care of that.

What I was inquiring about was can I apply for the E2 now and change my status while I am awaiting the disiossion on my extension, the reason why I did not file the change of status then was because legal held up the lease of an office so it has taken long than I hoped.

Your I-94 was stamped for 12 months?

[LIFE'SJOURNEY 970]

Confusing a single entry visa with the time approved to visit. If he landed in November, he has already overstayed. He needs to be leaving on the midnight flight, to avoid the 180 days penalty.

He will never receive another B1/2, because he has overstayed by 1 day. Reason for extension, is no longer important.

[jodim 0]

I just spoken to USCIS as I was worried, my extension was filed before I was due to depart and because I not heard back I am in status at the moment, however she advised to send my UK bank records showing the UK company is paying for the hotels, and my wages through the UK proving all I have done is attend meetings in the US, it will be approved.

In attend to my medical records showing I had heart surgery a week before it ended and I could not fly home anyway.

Once my extension is approved I can transfer to the E2 through a normal change of status.

My I-94 was stamped was stamped for 7 months 20 days over my original visa.

[Boiler 45,558]

I have never come across a normal B for more than 6 months.

The original visa does not matter, as long as it is current when you seek admission.

You should really really be discussing this with the Company Lawyer.