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Ghost

6 months visitors visa running out while waiting on E2?

By Ghost in General Immigration-Related Discussion

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Ghost Contributor

Ghost   6

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Filed: Lift. Cond. (pnd) Country: Canada
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54 minutes ago, Family said:

Sorry, I was saying the opposite . If you get RFE and Don’t get Approved before I-94 expires, I personally think you are better off leaving and starting over w Consular Visa . 
 

Oh okay I understand. I have no clue what RFE means. 

58 minutes ago, Boiler said:

You are not applying for a visa.

Can you please explain an E2 is a visa no? Non-immigrant visa I believe that doesn't lead to a green card. 

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Boiler
Boiler

Hopefully the OP has a good lawyer familiar with the process, Premium Processing is just part of the equation and CoS does not get you a visa even is successful.

Ghost
Ghost

I won't they got a faster way of doing the visa if you just pay extra. I had no clue. saves me a bunch of bs and time. 

Letspaintcookies
Letspaintcookies

I think OP means premium processing which is available for E2

Family Mentor

Family   4,076

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8 minutes ago, Ghost said:

Oh okay I understand. I have no clue what RFE means. 

Then you should realize your plan to DIY a successful I-129 may be overly ambitious…and you seem a bit confused about getting an E-2 from inside US ( thus changing status from visitor) and getting E-2 from outside ( and so applying for a visa). 
 

Go consult a few attorneys that specialize in employment/ investor before you try this on your own

.yana Community Regular

.yana   598

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Filed: Citizen (apr) Country: Russia
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Posted
18 minutes ago, Ghost said:

Oh okay I understand. I have no clue what RFE means. 

Request for Evidence.

 

Also - cannot apply for a visa from inside the US. Visas are to enter the country.

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

Ghost Contributor

Ghost   6

Posted
Filed: Lift. Cond. (pnd) Country: Canada
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Posted
14 minutes ago, Family said:

Then you should realize your plan to DIY a successful I-129 may be overly ambitious…and you seem a bit confused about getting an E-2 from inside US ( thus changing status from visitor) and getting E-2 from outside ( and so applying for a visa). 
 

Go consult a few attorneys that specialize in employment/ investor before you try this on your own

I am not doing this on my own. I am paying someone who is a attorney for sure. 

 

I plan to go t the US and start up the business and file for the E2 once there. Is this a bad route?

SalishSea Grand Master

SalishSea   17,988

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
42 minutes ago, Ghost said:

Oh okay I understand. I have no clue what RFE means. 

Can you please explain an E2 is a visa no? Non-immigrant visa I believe that doesn't lead to a green card. 

I don’t think you have enough knowledge of US immigration to do it without competent legal help.

SalishSea Grand Master

SalishSea   17,988

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
11 minutes ago, Ghost said:

yes I am hiring legal help I am not doing this on my own. 

 

Is it possible to file for the E2 from within the USA or no?

Not that I know of.   During Covid, many VJ users tried the strategy of extending their stay, and were unsuccessful.


 

 

Ghost Contributor

Ghost   6

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted
4 minutes ago, Jorgedig said:

Not that I know of.   During Covid, many VJ users tried the strategy of extending their stay, and were unsuccessful.


 

 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

.yana Community Regular

.yana   598

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
26 minutes ago, Ghost said:

So I can't file for the E2 while inside the country?

I didn't say that.

 

This page says that you can:

https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

Ghost Contributor

Ghost   6

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted
5 minutes ago, Jorgedig said:

Not that I know of.   During Covid, many VJ users tried the strategy of extending their stay, and were unsuccessful.


 

 

This one says yes on the link provided but it could be confusing. 

 

####### maybe I need another person to hire. Any suggestions?

SalishSea Grand Master

SalishSea   17,988

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
1 minute ago, Ghost said:

https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

Then go for it.   No one here is trying to stop you.   Let us know how it goes!

SalishSea Grand Master

SalishSea   17,988

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
Just now, Ghost said:

This one says yes on the link provided but it could be confusing. 

 

####### maybe I need another person to hire. Any suggestions?

Research local immigration attorneys who have experience with this particular change of status.   Not all of them will, and it is very specific, so-  do your homework.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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