Can you change from E2 to GC?

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Old Apr 8th 2009, 12:06 pm
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Default Can you change from E2 to GC?

Hi All

Really appreciate your comments on this forum.

My question relates to E2. I am contemplating going for E2. (I understand the US are now looking on E-2 as a necessity because of their economy - they now want and need the investment.)

What are the prospects or process of securing a GC after securing the E2. I know that E2 have to be renewed periodically (eg every 2/3yrs). Does this mean that we keep renewing forever? what if in 3yrs there is change and the business and there are other viable alternatives eg a very lucrative employment contract?

Thanks in advance for your advice.
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Old Apr 8th 2009, 12:18 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by favouredM
Hi All

Really appreciate your comments on this forum.

My question relates to E2. I am contemplating going for E2. (I understand the US are now looking on E-2 as a necessity because of their economy - they now want and need the investment.)

What are the prospects or process of securing a GC after securing the E2. I know that E2 have to be renewed periodically (eg every 2/3yrs). Does this mean that we keep renewing forever? what if in 3yrs there is change and the business and there are other viable alternatives eg a very lucrative employment contract?

Thanks in advance for your advice.
There is no direct route to a GC from an E-2
The intial E2 is now 3 years in most cases and renewals are if all is good
5 years... if the business folds...you leave ...

You are pretty much a second class person ..here in
Florida ..you cannot get homestead for you property
and your DL is valid for the length of your I-94

Of course if you have kids.. they cannot work and have to
leave at 21 ...

If your single it is easier .... you marry a US cotizen
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Old Apr 8th 2009, 1:47 pm
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Default Re: Can you change from E2 to GC?

If the Dream Act is enacted then the children could get GC's, Citizenship and then sponsor you.
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Old Apr 8th 2009, 1:58 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by favouredM

What are the prospects or process of securing a GC after securing the E2.
Hi:

It depends upon the facts. Without facts, it is impossible to tell whether or not it is possible.

BTW, to add to Ray's comment -- notionally speaking, there are no ways to go "directly" from non-immigrant to immigrant status on the employment based end of the immigration shop. But I am being somewhat pedantic -- there are often immigrant analogues to non-immigrant classifications. The existence of these analogues causes a short-hand concept in laypersons that one goes "directly" from, say L-1A non-immigrant to EB1-3 immigrant status.
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Old Apr 8th 2009, 5:59 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by Folinskyinla
Hi:

It depends upon the facts. Without facts, it is impossible to tell whether or not it is possible.

BTW, to add to Ray's comment -- notionally speaking, there are no ways to go "directly" from non-immigrant to immigrant status on the employment based end of the immigration shop. But I am being somewhat pedantic -- there are often immigrant analogues to non-immigrant classifications. The existence of these analogues causes a short-hand concept in laypersons that one goes "directly" from, say L-1A non-immigrant to EB1-3 immigrant status.
Thanks for your comments so far.
If I secure E2 in my name (only) can my wife then apply separately for a job (H1b) and then pursue with employer for sponsorship for Labor Cert-GC?
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Old Apr 8th 2009, 6:00 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by favouredM
Thanks for your comments so far.
If I secure E2 in my name (only) can my wife then apply separately for a job (H1b) and then pursue with employer for sponsorship for Labor Cert-GC?
Yes ...
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Old Apr 10th 2009, 7:38 pm
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Default Re: Can you change from E2 to GC?

Is that a fact that generally E2's are issued for 3 years to kick off with?
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Old Apr 10th 2009, 8:20 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by powerwrap
Is that a fact that generally E2's are issued for 3 years to kick off with?
By the London Consulates yes ... others may vary
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Old Apr 10th 2009, 10:23 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by favouredM
Thanks for your comments so far.
If I secure E2 in my name (only) can my wife then apply separately for a job (H1b) and then pursue with employer for sponsorship for Labor Cert-GC?
Yes -- except there's no need for an H1b as she's already here and legally allowed to work, so she doesn't need another visa. If the wife's employer favors her with sponsorship, you eventually enter a tricky period whereby you're sometimes safer landlocked. Also, you need to keep the business ticking so she had permission to work. You may also run into complication with older kids if you want them on the ticket, too.
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Old Apr 10th 2009, 11:40 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by fatbrit
Yes -- ... you eventually enter a tricky period whereby you're sometimes safer landlocked. Also, you need to keep the business ticking so she had permission to work. You may also run into complication with older kids if you want them on the ticket, too.
Hi Fat brit sorry if this is a silly question coul you please explain what you mean by "safer landlocked"
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Old Apr 10th 2009, 11:57 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by favouredM
Hi Fat brit sorry if this is a silly question coul you please explain what you mean by "safer landlocked"
You don't leave the country.
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Old Apr 11th 2009, 2:30 am
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Default Re: Can you change from E2 to GC?

Originally Posted by fatbrit
Yes -- except there's no need for an H1b as she's already here and legally allowed to work, so she doesn't need another visa. If the wife's employer favors her with sponsorship, you eventually enter a tricky period whereby you're sometimes safer landlocked. Also, you need to keep the business ticking so she had permission to work. You may also run into complication with older kids if you want them on the ticket, too.
However H1-B is dual intent so they may be able to get a green card through employer sponsorship.

Last edited by Michael; Apr 11th 2009 at 3:12 am.
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Old Apr 11th 2009, 4:24 am
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Default Re: Can you change from E2 to GC?

Originally Posted by Michael
However H1-B is dual intent so they may be able to get a green card through employer sponsorship.
But why would they go for an H1B when the wife will already be authorized to work here? Probably H1B -> AOS is a safer journey. But E2 spouse with EAD -> AOS is not impossible.
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Old Apr 11th 2009, 12:39 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by Michael
However H1-B is dual intent so they may be able to get a green card through employer sponsorship.
Hi:

????
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Old Apr 12th 2009, 3:19 pm
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Default Re: Can you change from E2 to GC?

Originally Posted by Michael
However H1-B is dual intent...
As I've indicated many times before, just because a visa is not specifically "dual intent" it does *not* follow that that same visa is specifically prohibited from having "dual intent".

Ian

Last edited by ian-mstm; Apr 12th 2009 at 5:17 pm.
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