J1 to B1/2 to E2?

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uktousa2007

Registered Users (C)
Hello - urgent advice needed PLEASE!!
I am in the on a J1 which expires Feb 7 2007 - I am in the process of setting up a company with an Austrailian (on a green card) and a US citizen. I will own 50% of the company shares. I want to apply for an E2 visa but there is a chance I will not be fully set up and with the application ready to submit while I am still on my J1 - I wanted to adjust my status from J1 to E2. Can I adjust status to a B1/B2 visa and can I apply for my E2 off both/either of these visa? I want to protect myself from going out of status and having to apply abroad.

Also my wife has an EAD (J2) and her employer currently has PERM filed form her. I am hoping that with a new EAD from the E2 visa she can carry on working for this employer - will an approved I140 affect the E2 or vice-versa or should be wait to file I140 after the E2 is approved.

Any help much appreicated.
 
I am assuming you are not subject to the 2-year home residency requirement. Also, which country are you from? It is best to own 51% of the company. This proves controlling interest. You may set up a new company while on another visa, including the visitor visa, as long as you do not receive income from such endeavor. Applying for the E-2 visa through change of status in the U.S. has its disadvantages though: shorter approval periods and no abilty to travel out of the U.S. If you do not need to travel abroad then you can apply to USCIS and change your status here without leaving the country. Make sure to send in your application before 2/7/07 to avoid falling out of status.
 
To: thevisaexpert

Hello - thank you very much for replying. Yes we are not subject to the 2 year HRR thank goodness and we are from the UK so from a Treaty country. Could it been seen as fraud to ask to change to a B2 visa and then E2 when your original intent was to set up a business or should I just stay quiet about that!? I am going into business with two others and although they will be putting cash into the company bank account too I will be shown as having 51% of the shares. Do you know if I can adjust my status to B2 while in the US or do I have to leave??? Thanks
 
uktousa2007 said:
Hello - thank you very much for replying. Yes we are not subject to the 2 year HRR thank goodness and we are from the UK so from a Treaty country. Could it been seen as fraud to ask to change to a B2 visa and then E2 when your original intent was to set up a business or should I just stay quiet about that!? I am going into business with two others and although they will be putting cash into the company bank account too I will be shown as having 51% of the shares. Do you know if I can adjust my status to B2 while in the US or do I have to leave??? Thanks
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Sorry for delayed response. I'm not on here all the time. As long as your entry on B2 was intended to be that of a visitor you have not violated any regulations. If you apply for a change of status within 30 days, Immigration will assume that you entered with the wrong intent and can deny your application. If you apply for a change of status between 31-60 days, you must overcome the presumption that you entered with the wrong intent. After 60 days, Immigration assumes you changed your mind after entering with the proper visitor intent and you will not be punished.

You can change your status in the U.S., however for the E-2 visa it is advisable to apply in your home country. The major reason for this is because most other working visas, if you plan on leaving the country, you must submit your E-2 application to your home country in order to get the E-2 visa, not just go for a visa stamp. In other words, it does not matter that USCIS approved your E-2 status in the U.S. initially. You must apply again in your home country to re-enter the U.S. on E-2 status. If you have other questions please feel free to send me a private message so that I am sure to receive it in a timely manner. Good luck!
 
To: thevisaexpert

Thanks for replying again, you are really such a help! I haev one last question - can I apply to change to a B2 visitor visa while on in the US on my J visa - can I adjust from J1/J2 to a B visa for myself and wife? If I can I am going to apply for a visitor visa straight away, finish setting up my business and then apply for E2 60 days later. I realise that I will be absoutely lying when I apply for the visitor visa as I believe I have to make out I am visiting family and friends or touring the US - is that right? Again, I really appreciate you being takingthe time to reply. Thanks
 
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