Bitzi

My E2 expires next week and my I-94 has just been extended for another 2 years.

I understand I cannot leave and return unless my E2 has been renewed. That’s not an issue as I have no intention of departing the US unless it is for my renewal interview, which is pending.

My business is coming into the busy summer months and ideally I don’t want to fly back for my renewal interview now until after the summer rush.

My question is this: How long can I work on an expired E2 without it going on my record in a negative way? If the US Embassy contacts me and says they have a slot for me next month, is it feasible for me to say I don’t want an interview for another 5 months?

Thanks...

S Folinsky

Query: why do you ask?

lifehouse51

I think you already have your answer: The Visa is an entry document, and you need to enter before the expiry date. After you have entered, the validity of your stay is until the specified date on the I-94 (Unless say, you lose your job, violated terms of your status, etc.)

Bitzi

I just wanted to be clear of the legalities before I respond to the Embassy when they contact me with an interview date.

If I can postpone the interview until end of Sept for example, it would suit me as I am right at the start of really busy time for my business and also the flights are half the price if I postpone.

I thought I had read that there was a 6 month window in which to renew an expired E2 without there being a black mark on one's record. I just want to be forewarned and keep everything above board, that's all..

lifehouse51

Then, is it neccessary to make a visa application or an appointment so early? Technically you don't need a new visa until you are planning for a trip out of the US in the next 2 years

lifehouse51

I still get a feeling that you're confusing VISA with STATUS.

Let me give you another example. Due to reciprocity, F-1 students from some countries are only issued 1 year visas at a time. When they enter, their I-94 will indicate "Duration of Status", that is, they can stay until the end of their program study. So someone can technically enter with a F-1 visa valid for a year, and stay for 4 years to finish a Bachelor's, without the need to apply for a new visa, provided that they stay within the U.S. the entire time.

Similarly, if you have a I-94 with 2 year validity, you don't have to do anything else to renew it at the moment, unless you're planning for a trip out of the U.S., in which case you need to apply for a new Visa stamp abroad before re-entering the U.S.

henryh

Is this your first renewal?

Bitzi

Henry: Yes this is my first renewal.

Lifehouse: You could be correct about my confusion with Visa vs Status.
I had just assumed that when my first E2 was granted for 2 years, that it would mean I would have to renew it after 2 years.

I know the E2 is the visa which allows me to enter and the I-94 determines the length of stay. Maybe I should not have been so hasty in sending off my renewal application..... well I have done it now, so will just ask for a postponed appointment.

One more thing..... Somewhere I had read that I have 6 months to renew ie: complete the renewal application but if it is after the 6 month window of E2 expiry then I would have to complete a whole new application. Obviously the renewal is slightly less complex and I just wanted a smooth transition.

S Folinsky

Query: WHERE did you obtain your visa? Why was it issued for only two years?

lifehouse51

Bitzi,
I think I'm getting what you're asking about. Although your initial visa is issued before you enter the U.S., you "activate" it when you first enter the U.S. And you're wondering which of the 2 hypotheses is right:

1. When you initially activate the visa, then you get 2 years of status, no matter when or how many times you subsequently leave and re-enter the U.S., or what it says on the I-94, you still have to renew the visa.
OR
2. You get a fresh 2 year Status each time you enter the U.S., as long as your last entry is before the expiration on the Visa. And your status ends when the I-94 ends, provided that you didn't lose the job/business associated with E-2.

With hypothesis #2, you can theoretically be on E-2 status close to 4 years with a single visa (Enter the U.S. when the visa is first issued, then leave and re-enter the U.S. right before the visa expires, essentially getting another 2 year status). It just doesn't feel right because you are supposed to renew the E-2 every 2 year.

For Tourist/Student visas, you can certain enter right before the expiration date and stay in-status even after the visa has expired. I just don't know whether it's the same for E visas. I'll be curious to find out what others think as I don't know the exact answer either.

lifehouse51

I was re-reading this: http://travel.state.gov/visa/temp/info/info_1298.html#2 and it seems like it supports that your status validity is until what's shown on the I-94, regardless of when you initially enter the U.S. on E-2.

Bitzi

My E2 VISA was issued at the US embassy in London in April 2008. I was told that all first time applicants when successful only get issued a 2 year visa. When I renew all being well, it will be for 5 years and 5 years thereafter.