Questions Answered by Real Immigration Attorneys for Free

[mrsoze00]

There is a great free legal advice website at th elink below. Real lawyers answer your questions in the hopes of getting your business. I already have 2 questions answered for free.

http://www.avvo.com/legal-answers-search/immigration.html

-Söze

[Ray10]

There is a great free legal advice website at th elink below. Real lawyers answer your questions in the hopes of getting your business. I already have 2 questions answered for free.

http://www.avvo.com/legal-answers-search/immigration.html

-Söze

I saw experts in how not to answer a question

[mrsoze00]

Both of my questions were answered directly, and I didnt spend a dime.

-Söze

[telco]

Both of my questions were answered directly, and I didnt spend a dime.

-Söze

Could you share those questions and answers with the forum. they may be useful to others...

[mrsoze00]

Good point telco:

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Question 1.

Change of Status H-1B to E-2, who should sign the forms?

New York, NY Viewed 8 times. Posted 1 day ago in Immigration

I am changing status from an H-1B to E-2. I purchased the equity of the H-1B company and I am filing as an E-2 investor at the California Service Center. I already have all the documents assembled and a draft of the covering letter that they ask for explaining your entire case. Should I have a Director of the company sign the i-129 and the covering letter? or should i sign them myself?

Thanks -

Answers (1)
Karin Wolman

Posted 1 day ago.

You should have a director sign the I-129 forms and letter rather than signing them yourself. You will have to prepare a de novo E-2 application to the US Embassy or consulate in the treaty country when you travel abroad.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

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Question 2.

Is there any disadvantage to self filing a change of status from H1-B to E-2 Investor?

New York, NY Viewed 18 times. Posted 8 days ago in Immigration


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 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.

without an attorney? My company needs to save some cash. -

Answers (1)
Stuart Jonas Reich

Posted 8 days ago.
Several reasons, actually.

First, are your sure that the E-2 is the best option? It might be, but I can think of at least one other visa that I would at least want to look at for you, not to mention the possibility of stretching the H-1B a bit longer than you may think is possible.

E-2s are difficult visas, with often-arcane requirements that are sometimes difficult to understand, and sometimes even unique to the specific treaty/relationship with your home country (even countries very close to the U.S. diplomatically, such as the UK, sometimes have country-specific requirements, in that case a domicile requirement).

I do understand that your business, like all businesses in this difficult economy, needs to conserve money. But what would be the cost to the business of losing your services if the case is denied - when it might have been approved had it been handled correctly? Does the cost/benefit really make sense?

This isn't to say that using an attorney guarantees approval - it doesn't, especially for borderline cases. But if this definitely won't work as an E-2, an attorney can tell you this up front, for the cost of a consultation before the entire cost of legal and filing fees for an E-2 are invested.

I suggest at least speaking with an attorney before moving forward. Good luck to you and your company.

________________

I called the second guy at the number posted on his profile link and he suggested i look at an O-visa, extraordianry ability or something, and he went through the possibilies. I had a free consultation with him. It was informative, but i stuck with my original plan.

-Söze