Changing status from B visa whilst in the USA

[Susie]

Hi

I have been ask some advise as to whether you can can status from a B1/B2 whilst in the USA

From what I have found out is yes you can change from a B visa (non immigrant visa) to another type of non immigrant visa, say E visa or L visa

What is a bit conficting is an L visa does and can have dual intent.

Does anyone have any thought on this matter, while I continye my research?


Senario

Someone comes to the US on B visa. They are a director of a UK company that happens to have a subsidary in the USA-same share ratio

They come to the US on B visa, part business, part vacation

I have either read or heard that the US company want the director to stay and work for the US side. The company may be able to file I 140 and concurrently file I 485 for this person

During the application the director can stay till decision, but not receive any payment from the US subsidary. If the director needs to go back to the UK he/she will need to get AP (advanced parole)

Anyone have any thoughts on this matter? Thanks

[Bobby]

Either way, the beneficiary still has to return to London for approval interview, so I can't see the value of this apart from perhaps skipping a few months waiting time.

....and of course, the director would not be able to live and work under the B1/B2.

I understand what you are saying about not being paid by the US subsidiary, but in reality it raises all sorts of red flags about your reason for being here in the first place and if it was me, I'd be worried about trying to put the cart before the horse.

Just my opinion, but I don't think it washes that you are not being paid (or working) but suddenly on approval, you start working.

I originally came over here on B1 to scout around and set up the corporation for our business plan, but I was under no illusions that I would be able to stay longer than my B1 departure date. Or work AT ALL in ANY capacity. In fact, I remember back then, the IO saying to me "just don't work, or we'll send you back" as I came through Sanford.

I'm quite sure that on paper it's very possible, but my only concerns for the applicant would be just how it looks on the big picture.

Bobby

[JulieC]

I know a few people who have changed from B to E, but it only gives you right to remain, you can still get turned down in London when you go back for visa stamp, most people dont dare and then they are stuck with no right of travel even if someone at home is ill. I did hear that Texas has been getting far more of these than usual due to the backlog in London and are getting a bit fed up so they may pull the plug,

[fatbrit]

Well the obvious answer to this one is that it is probably pretty common for those who can adjust status to permanent residence immediately, i.e. spouses and parents of USCs. This does not require a journey out, in fact it requires you to stay in until it's sorted. It is illegal to do this with intent, and it does mean there's no appeal process if the petition is rejected. But I think it's probably a more common path to the GC than most of the "recommended" ways such as K1, K3 etc.

[mark]

Hi Bobby

Yes I think you are correct that if you change from B visa to E or L visa then whilst you can stay in the USA till decision you have to go back to home country for interview, final approval and stamping


Hi Fatbrit

As you are saying it is Ok, are you rerrering to
coming to USA on B visa, then submit I 140 and I 485 concurrently?

If the I 140 is approved do you have to go back to home country for stamping and final approval? or do you just wait to see if I 140 is approved

Also

Say I 140 is approved. but I 485 is denied, do you know how this would effect application. Ieg., If the I 485 is denied, will this also deny the I 140?

Do you have to go back to home country for stamping?

Hope this makes sense

[JulieC]

Not sure I understand your post, Mark. Are you talking consular processing? If you are taking adjustment of status, you dony jhave to go back for final approval and stamp. If you file concurrently, the 1-140 and 485 are attached to each other, so if one is denied it is likely you would have to refile both.

[mark]

Hi Julie

This is what a friend of mine is hoping

1. Come to US on B1/B2 visa. He works for a UK company as a director and manager

2. After say 3 months ob B1/B2 visa get the USA subsidary to concurrently file I 140 and I 485. He is a director of US company also

3. At the time of filing I 140 and I 485 file work autho and travel document (Advanced parole)

I understand that whilst on B visa, he cannot be paid a salary from the US company but once he gets notices of action on I 140, I 495, Advanced parole and work autho, he will be able to be paid from the US company instead of the UK company

4. I believe he will be allow to stay in the USA till a decision and not have to go back to home country for any stamping. Is this correct, do you know?

Sorry if this is muddled, I am having difficulty trying to explain

Thanks

[JulieC]

You cannot file for I-140 or I-485 as EB1( c) multi national manager until the business in the US has been doing business one year, has substantial turnover and a number of employees employed for some time, ie not just engaged. They asked us to see W2s to prove employment, not sure how you would achieve that if not employed as you cant be. Your friend is trying to circumvent a step and i dont see how he can do this on the 6 months allowed on B1/2. The more conventional way for someone who is the director of a UK business would be L1 which would give him one year to set up and allow him to be employed. Not hard to get on first application if you have a good business in the UK and a decent start up business plan for the US, if is renewal which is difficult but this can be got over by a timely green card application.

[mark]

Hi Julie

If it makes a difference the UK company has been trading over 10 years and the US company 5 years

The UK employs 6 people and the US about 10 people

I understand what you are saying about L visa but thought you could by pass the L visa , and would be quicker to go straight for the 140 and I 485

[JulieC]

If the US company has been in existance more than one year you can. Getting valid status is the biggie it you are trying to do it via adjustment of status, I am not sure whether B2, would suffice, you would need to ask an attorney. You could certainly do consular processsing of an i-140 in these circumstances. But if you qualify for an 1-140 as an international manager, you almost certainly qualify for L1. Quicker really doesnt come in to it as you can get an L1 premium processed in 15 days, it will take you longer than that to get a B2.

[DavidL]

Mark,

Providing it is a bonafide setup (and your comments would certainly make it sound to be real ) and your friend is comming here at a 'senior level' and is to 'direct' the business on a day to day basis, the EB-1C (Multi national manager) looks very suitable. Unless I am missing something obvious here, he can concurrently file I-140 & I-485 which would be better that an L1 (non immigrant) application. Texas processing times are currently Jan 06 for the I-140 & Sept 2005 for the I-485.

[JulieC]

You need status to file for adjustment of status internally David, rather than consular processing from the UK which I dont think was wanted. The question was not whether he could file for 1-140 which he could but whether B2 would give status for AOS. B2 isnt easy to get now or quick as the embassy have gleaned that it is being used for change of status applications particularly to circumvent the backlog on E2 in London rather than bona fide longer stays for pleasure and it may be quicker and easier to get an L1 if the business is as good as stated.

[Susie]

Hi Folkes

I am advised that it is possible to come on a B1/B2 then go straight for green card and submit. I 140 and I 485 concurrently, and also file Advanced parole and work autho.

This if approved will not need the applicant to go for stamping/interview in home country

The advantage is the applicant can get to the US quickly- then stay until decision

I will post a copy of an e-mail I received later to confirm

[JulieC]

Someone on another forum just reported that they knew of someone recently issued with a B2 visa by the London embassy that had "not eligibke for change of status" stamped on it. Could it be they are plugging the loophole?

[fatbrit]

Not wishing to cause consternation but the more I read this thread, the more I think people are skating on thin ice. For spouse or parents, much is forgiven -- but this does not hold true for other categories.

I really think you should be aware of the potential dire consequences of pursuing this route. Would it not be easier to do it properly in the first place?

[JulieC]

Yes it would FatBrit, but those who do this are trying to get over in spite of the black hole in London and are desperate, many cannot afford to have all their life savings in escrow for years on end. It can cause problems with kids, who are frequently denied the B2 and then are not on the E2 as happened with someone on here. No one on here is advocating anyone should do this, just answering questions. I do know however that right or wrong, it is being advocated as a veritable route by certain business brokers, I am guessing this is income related as much as trying to help the people concerned.

[fatbrit]

Yep -- if the business broker does not also give you the downside (which could realistically include a permanent bar from entering the US), run a mile. Don't mind taking risks after assessing them -- but you need to know what they are first.

[blindsue]

we arrived in January on a B2 and this has now changed to an E2, my husband has his work permit now, my question is do we have to arrange an interview at the embassy in London whilst here in the US or return to the UK and then apply for an interview?
sue

[JulieC]

You can only arrange an interview by ringing a tel no that you can only ring from inside the UK but get someone else to do it for you as interviews are running weeks in the future, so arrange it from here and then fly home just before the scheduled date unless you want someone else running your business here for God knows how long.

[JulieC]

Website says current wait time for an interview is 34 days.

[kebab king]

Hi Sue

The last I heard about arranging E-2 interviews in London (which was from someone that I know that was granted one a couple of months ago) is that you no longer make the appointment via telephone - it's done via e-mail.

Wish you well with everything.

Andy

[STEVE T]

Do I have to leave the States re-vailadate my I-94. I am currently on an E2 visas

[JulieC]

It is the most common way or used to be, but see the thread on the new trend of only getting stamped to the end of your visa and not two years on re-entry. Its a risk! You can also file to extend your i-94 wih USCIS in Texas.9