lastchance

So, I have my UK company of which I am self employed. I got an E2 visa around 3 years ago to come to the US and create my business. I think it's doing well but sadly not good enough.
I have achieved a lot in my short term here in the US (I moved 1 year after getting my visa).
My E2 I-94 expires in Nov 2018. Time is short.
After speaking with attorneys, they think I have a good chance at an NIW. So we filed earlier this year, got my EAD and 2.5 weeks ago I got an RFE

Whilst I have been given a list of what to do, I still feel my case is not strong enough and can be denied. My stomach is churning. I love doing what I do and have close contacts in a couple of big orgs. Sadly they cannot do H1B sponsorship due to:
- timing
- competitiveness
- opening of positions.

Last year I got an offer but then they retracted because I didn't have an EAD and they could not do sponsorship at the time (budgets)

Anyway...
I have a potential non-profit org who does want to hire me. Problem is:

- I love what I do. Multiple clients, different projects, good money
- Means if I work for the non-profit org, I can only work for them and no one else. They probably cannot match even close to the amount I am making
- I don't get freedom and flexibility to "do what I want" in a way.
- But because it's a non-profit, they are not part of the cap for H1B's


Cannot do the L1 option because there has been little revenue going through the UK company and I am the sole employee of the company.

For my US business, I have 1 PA (low salary) and a part time W2 worker on an as and when needed basis.

I feel at a loss. I don't know what options I have.

My status will expire in Nov and we are going to try and submit more evidence for RFE but believe the decision will go beyond Nov 2018. But even then, means I have to go back to the UK. I also don't want to lose or give up my business either. I have worked so hard to get to where I am, used all my savings, no loans of any kind... and seems to crumble. I don't even know if something "creative" could be done for my business(es).

I don't know which direction to go in and its very stressful. My health and concentration certainly is being affected.

AdobePinon

Not sure that there's enough substance in your post to give you a good reply, but you should ask your attorneys about similar NIW cases they've been involved in, and the results. How successful are they? Frankly I'm amazed at some of the cases that get successfully pushed through as NIW, so you may have more of a chance than you think.

lastchance

Thank you.
Indeed I asked. They say that they get a high %age of approval but some don't go through but next time they try and appeal and it works. However, it's nerve wrecking because of my I-94 time.
And unfortunately the attorney is not as responsive either. I just feel I have been given a big set back and in the RFE seems like they want everything I did for the E2 visa to begin with (so it seems). But also I even added in the initial application a great letter/testimonial from a very top guy at an org, who has patents too...and USCIS said that it is not substantial enough (specifically the reference to the letter). The letter contained how much influence I have in decision making that does impact millions of people in the tech industry

Blair2.0

Sometimes RFEs are a tick box exercise on USCIS' part. I would recommend to respond to the RFE best as you can, provide more information and just hope for the best. I'm in the same boat with a RFE I've responded to for L1, no idea if it will get approved or not but better off trying than withdrawing the application

civilservant

I assume a $500k investment for an EB5 is out of the question?

lastchance

thank you.
yes, 500K is out of the question completely.

lastchance

Days are ticking on and I keep having anxiety and panic attacks. I know, nothing much can be done but... it is indeed tough.
Any other advice or tips? Or other angles?

retzie

Sorry, I don't think I'm going to have any mystical visa insight, but some questions:

If you have an EAD, does this mean that you filed I-140/I-485 concurrently? And the RFE is for the I-140?

Hopefully someone else will confirm, but I think even before your petition is approved, having your I-485 accepted and exercising the EAD means you are not in E-2 status anymore; you can remain under color of law and work on the EAD until your case is adjudicated. This would mean the expiration on your E-2 I-94 is moot.

This doesn't help you if the petition is denied, but I think the pressing concern of a November departure can be taken off the list.

lastchance

Sorry I missed this.
yes, filed I-140 and 485 concurrently and yes the RFE is for the I-140. Yes, currently not on E2 status due to the EAD but my I-94 is still E2 (until Nov 2018).

If the petition is denied, makes me wonder when I have to leave the country.

I am trying NOT to create a new thread and not pollute the nice forum but I am really going through a lot and know not much may be possible to be done to lower the stress and anxiety I have. From my research and some consultation with attorneys (some good, some bad), seems that the only way I can remain here is:

- someone sponsors for H1B (not going to happen, unfortunately)
- I invest $500K as stated earlier (I don't even have $70K!) for an EB-5
- Do an L1 transfer (can't because the UK company I have has not made any revenue in the last 3 years since I moved here as my focus has been here in the US for the LLC here)
- Pray that the NIW gets approved (I am trying!!!)


Any other thoughts?

kateinbrooklyn

Even if you have a strong attorney, much of it depends on luck of who is ajudicating your case. My partner is an immigration lawyer and most cases - even watertight ones - these days are coming back with RFEs and then there are some that are not such strong cases that go straight through to approval. It's getting worse and worse, and word on the street is that anything that might previously result in an RFE is going to be out-and-out denied. I wish you the best of luck. It's so unfair.

scrubbedexpat099

Lets see

E2 would have a Business Plan which I am assuming showed significantly more Employees than you currently have, I assume the issue is that an E2 extension is not likely because the Business has not developed sufficiently and will not within the remaining validity.

NIW I do not know much about and anyway there is not enough information to comment on.

I would have thought your status is the E2 unless and until you use the EAD? Work outside the E2 business?

Twinkle0927