Gf_121

Hi All,

Been in the US for 3.5 years now on my E2 visa. It was originally through my old company (Company A), however I moved to a new company (Company B) in September last year. I work for a consultancy, helping clients delivery their construction projects (essentially a Quantity Surveyor). My E2 visa is in the process of being transferred from A to B, I have been told all along the following, which I want to check with you knowledgeable people as I don't trust my companies' lawyers, they have been useless in answering questions and very slow to respond to date;

1. Providing the transfer was initiated within 60days of leaving Company A, I am OK to stay in the US until a final verdict is given.
   1. It was, so I have not been here illegally?
2. I cant work for Company B until the visa transfer is approved.
   1. Is this really true? With it taking so long, how are they expecting I am surviving financially?
   2. Am I allowed to be on the books with the British business's and work in a remote role (not going to any client sites/offices here in the US?) while residing in the US?
   3. Does the answer change if I am in a remote role, residing in the US but working for one of our European or Asian clients on projects outside of the US?
3. I cant pick up any other work, even driving Uber or working in a bar while I wait?
   1. As above, how to they expect to enforce this and me to survive financially? Id do anything and of course pay my taxes etc, right now they are just missing out on those tax dollars
4. During this time in flux, I cannot leave the country as I cant come back in on the current E2?
   1. This again seems strange, surely if 1. is correct, I do have a valid visa and can come and go like normal?
5. If its not approved within 1 year of submission, I have to leave the country.
   1. If this is indeed the case, I assume I can come back on an ESTA for 3 months max while waiting for the new application to be completed? I have a gf, friends, house, truck (a life basically), here in the US so cant just leave it for who knows how long.

It was declined recently based on the investment made by the company not being enough, but the lawyers say this is incorrect, so they have filed a motion to reopen the case. It is this decision that we are now waiting on. But who knows how long that will take? IF it is indeed a case that Company B simply don't meet the requirements of an E2 then I have job offers from a number of our competitors who I know 100% can get the E2 visa type.

Any help / advise would be great as the set of rules the current lawyers have given seem to contradict one another, im burning through savings and would really like to go back to the Uk to see friends and family sometime (its been over 2 years).

​​​​​​​Thanks!

Olly_

It sounds like you're in a very precarious position...

1. Don't know but if the change of status has been denied I don't know where that leaves you.

2. I believe this is correct and no you can't work remotely. You don't have open work authorization!

3. Nope, definitely not!

4. If you leave now I think you will have major problems returning - I'm not even sure your current visa will be valid for re-entry even if your change of status was approved?

5. I think you'll come up against major problems trying to enter using ESTA when you have been living here and have strong ties that could make you overstay...

I think you need to speak to an independent immigration attorney.

Nutmegger

OP, it’s time to have a consultation with a lawyer who represents you, and has your interests at heart. You are the one who will suffer if things get screwed up or if you are being given dodgy advice.

Gf_121

Thanks for the replies. I have set up a consultation for Monday.