E2 Self filing

[mrsoze00]

I am emplyed by a seven year old small company under an H1B for 6 years, and I plan to change my status to E2. I was told by my H1B lawyer that the reason my H1B was approved was because I have a top-5 MBA and the company, though small, got a few blue chip clients.

I have lots of support documents from the company's H1B filings, and I am pretty sure I can address the E2-specific questions in my cover letter. I am a majority shareholder, and the business has generated over half a million in sales over the last 7 years. I am hired in a specialized managerial role...etc.

My I-94 expires in the next few weeks, so I plan to e-file a few days before the expiration date and then send the supporting documents.

My question is, us there any major disadvantage to self-filing my H1B to E2 change of status without an attorney? My company needs to save some cash.

Are ther any other weaknesses you can see?

[Tina]

Do you mean EB2? I thought E2 was an investment visa?

[mrsoze00]

It is an investment visa, but my investment was made 6 years ago, I'm not buying a business, or funding a startup, so i dont have a new investment to make. My plan is that all i have to prove is the value of my stake, which the gross sales on the tax returns should take care of.

-Söze

[InnVic]

Is the company that employs you the E2 company that you own? If so why would you change status? H visa can lead to Green Card - E2 leads to heartache!

[mrsoze00]

InnVic, my h1b is running out in a couple weeks, and I dont have the criteria yet for a greencard filing. A US business cannot sponsor a foreign major shreholder for permanent residence (simply out of CIS fear of fraud), but that business can sponsor the foreign major shareholder for non-immigrant visas. In order to get a greencard I would need a completely separate US business to sponsor me.

Any thoughts on the route I plan to go by self filing?

-Söze

[mrsoze00]

Filed my change of status from H-1B to E-2 by fedex last friday without a lawyer, it seems I at least included the right documents and I was not out of status because USCIS cashed my check on monday and it posted to my account today. My I-94 ran out yesterday, and my visa ran out on sept 27th. I'm waiting for the receipt notice. If I get that, whatever happens, they won't do anything until december.

-Söze

[mrsoze00]

Got my receipt notice yesterday. Now its the long wait to December for the decision.

-Söze

[chris]

Why do you say December?
When we extended our E2 status back in 2008 it took USCIS 7 months including the time they asked for more information (RFE). We have had folks wait nearly one year for their EAD's to be renewed by USCIS, so I wouldn't hold my breath.

[mrsoze00]

The USCIS case status page gives you an estimate based on how long its currently taking the California Service Center to process real cases of your particular visa type. They say on average its taking them 2 months for E-2's. Who knows. I'm hoping it's accurate in my case. I like the case status page,I think they just redid it. I thought my case had completed the initial review, apparently its currently IN the initial review stage.

-Söze

[chris]

We kept track of our application via the case page. It never changed! As I said before don't hold your breath, you're in the hands of jobsworths.
At least your status is preserved, so don't worry, at least not until the envelope drops through the mailbox!

[mrsoze00]

nice!

-Söze

[Steve in clermont]

processing times for my wifes work permit was supposed to be 3 months ... it took 8 months to the day..... never know ya might be lucky

if i didnt have bad luck id have no luck at all

[Steve in clermont]

i wouldnt bother looking on that update page too much .... you will have the visa in ya passport before they even change that ... some people have had their visas/gc for months but it still says initial processing on the update page .... i think they only update every 6 months ...lol

[mrsoze00]

I was going on my H-1B experience. I guess it's very different for the E-2.

-Söze