E2 and F2

[juststuden336 0]

Hello everyone,

My background
I am French national.
Came to USA on F2 visa in the year 2022.
Change of status E2 in the year 2023.
F2 visa will expire in 2026.

I am supposed to travel out of USA this year (2024) for at least couple of weeks and visit France.

My questions:
Will I lose E2 status when I travel abroad?
Can I reentre on F2 and carry on business activities which have been approved as E2 status?

Where can I read more about this on official website (if any)

Thanks,

[Boiler 45,753]

Yes 

 

No

 

https://www.uscis.gov/

[juststuden336 0]

Thanks @Boiler

[OldUser 7,004]

I'm not a lawyer, but my wasn't your F2 visa cancelled after you changed your status to E2?

Do you have any stamp or anything like that proving you're on E2 now?

[juststuden336 0]

Thanks @OldUser

 

I have change of status to E2 therefore no visa stamp of E2 on the passport. 

[nastra30 2,298]

Op, your F2 visa is no longer valid because you are not in F2 status anymore; you've successfully COS to E2 through USCIS. You can travel outside the US but you can't simply re-enter on either your F2 visa or your approved USCIS E2 status. You must obtain a new E2 visa to reenter at US consulate. The kicker is unlike other COS (like H1B) where one can travel outside and simply go to a consulate and get a new visa affixed, E2 COS folks will have to submit an entirely new application and re-meet the requirements for a E2 visa to be issued. Basically the consulate won't simply acknowledge your USCIS E2 COS approval status; they'll want you to start over.

[Boiler 45,753]

Quote

Can I re enter on F2 and carry on business activities which have been approved as E2 status?

 

 

This was the question, I would expect his F2 is still valid and he could reenter probably on F2 but not E2.

 

 

[juststuden336 0]

Thank you @nastra30 and @Boiler for responses.

 

@Boiler
Just to confirm, If I reenter on F2, as you have advised, I would not be be able carry on with business activities approved on E2 status?

Does that mean COS E2 is only remain valid whilst here in the USA, if leave it is going to invalid.

 

[Boiler 45,753]

I have not advised anything.

 

If you enter on a F2 you will have F2 status.

 

If you want to have E2 status you need to enter on an E2 visa.

 

[OldUser 7,004]

3 hours ago, Boiler said:

I have not advised anything.

 

If you enter on a F2 you will have F2 status.

 

If you want to have E2 status you need to enter on an E2 visa.

 

Well, but the change of status already occured. I don't think the visa is valid???

[OldUser 7,004]

6 hours ago, nastra30 said:

Op, your F2 visa is no longer valid because you are not in F2 status anymore; you've successfully COS to E2 through USCIS. You can travel outside the US but you can't simply re-enter on either your F2 visa or your approved USCIS E2 status. You must obtain a new E2 visa to reenter at US consulate. The kicker is unlike other COS (like H1B) where one can travel outside and simply go to a consulate and get a new visa affixed, E2 COS folks will have to submit an entirely new application and re-meet the requirements for a E2 visa to be issued. Basically the consulate won't simply acknowledge your USCIS E2 COS approval status; they'll want you to start over.

Agree with this. I can't see how one can use Visa A to enter and continue on status B in the US. A proper E2 visa needed for reentry in my opinion too.

 

Essentially, OP should not travel outside of the US unless ready to reapply for visa.

Edited January 22 by OldUser

[jan22 3,056]

Assuming the F1 of whom you are a dependent is still in the US and in F1 status, you may enter with the F2.  A change of status does not affect the validity of a visa -- but to use the visa for admittance in the previous status, you must meet all of the original requirements.

 

However, you absolutely cannot then continue to work/conduct the business that you were doing while in E2 status. And, just in case you thought this might work -- it is unlikely that you could enter on the F2 and then apply for and have approved another COS to E2.  USCIS would likely deny the COS and determine that you misrepresented your intent at the Port of Entry -- which would be true.

[juststuden336 0]

Thank you @Boiler, @OldUser and @jan22 for providing valuable insights and responses.
Thanks alot,