Changing from H1B to E2 -Risks?

P

patelh

New Member
Hello,

I am a H1B holder and currently approved for H1B extension past my 6th year with the Labor Cert application pending (regional DOL). My wife does not have a SSN and the primary reason for moving to E2 would be for her to get an SSN. I have been advised that I should stick with the H1B and not apply for E2 as "the H1B offers an added level of protection when you arrive at the next stage with CIS". Does anyone know what the risks are and whether this is correct?

Thx
:confused:
 
As far as I remember, the only issue with the E-2 visa is that it does not have dual intent. So you are not supposed to have immigrant intent, while H1b does.

You might get into trouble when you travel outside of the US and have to apply for the E-2 visa stamp. The consular officer can deny you a visa based upon your immigration intent.

Please check with your attorney. Since you are still in the labor certification process, there might be a possibility.
 
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