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britcan
11-22-2006, 11:45 PM
Hi all

I know we kinda started this on another forum vaguely, but I am still trying to find out the answer to this. If my husband has the E2 visa- he is setting up an LLC which will own the National Franchise of this particular company, can he after a period of time -move towards a greencard?

The business will be both employing US citizens and sub contracting- sales turnover in year 3 anticipated to be around $500-800,000, so will be grwoing expedentially.

If he can- how does he do it please?

tiktak
11-23-2006, 01:16 PM
Hi,
I am told you are not able to get the green card from a E2 visa.
L1 is the main way but you have to have a business in the Uk running and you have to show that with accounts etc, and it has to run while you are in the USA.
TIKTAK

Emmalee25
11-23-2006, 03:24 PM
You can get greencard from E2 but its quite hard, your biz has to qualify, think it has to grow significantly enough to employ 10 USC! but am not completely up on it, i think a VA is your best choice for advise
Em x

floridapete
11-23-2006, 03:48 PM
You can ONLY get a conversion from E2 to green Card if your US business is running in parallel with a qualiifying UK business (i.e. Company - being a sole trader won't work) which you also own.

But if you had this in place - why would you want to even go down the E2 route anyway ? You would find it much easier, cheaper and less commitment in terms of staff and investment dollars to go L1a in the first place.

So that 'conversion possibility' doesn't make any sense to me and is best ignored !

Susie
11-23-2006, 06:16 PM
Hi,
I am told you are not able to get the green card from a E2 visa.
L1 is the main way but you have to have a business in the Uk running and you have to show that with accounts etc, and it has to run while you are in the USA.
TIKTAK


Hi Tiktak

Sorry, you are wrong, It is possible to get a green card from E visa

But not directly

The US company has to become very sucessful first

Once sucessful, the US company would apply (on behalf of E visa holder and owner of the USA company ) for an I 140, and get lobour cert approval.

IF and when the I 140 is approved, then the owner of the company ( E visa Holder) can submit I 485, green card application for change of status from non immigrant visa to immigrant visa

Susie
11-23-2006, 06:20 PM
Hi

Ok, here is another senario

You buy a US biz and get E visa

Sometime later you decide to open a UK company, with same share ratio as USA company

You can then change status from E visa holder to L visa Holder.

Once L visa is held for suitable length of time your US company can then submit I 140 and I 485 concurrently

As I said, there are ways to eventually get green card from E visa, not directly but indirectly. It can and has been done

Your first I 140 may be denied, but have known someone to go to BIA and been approved and is now a green card holder

tiktak
11-23-2006, 09:39 PM
Hi Susie,
thanks for the correction,
tiktak

Susie
11-23-2006, 09:42 PM
Hi Susie,
thanks for the correction,
tiktak


Hi

Your welcome,

I have known people to achieve this goal, not easy, long journey but can be done

anniemm
11-23-2006, 09:44 PM
i was talking to someone today, and her brother has just recently got his green card.
They originally owned a smallish pet shop in "old town", they then brought a bigger premises, as they was advised to do this in order to get a green card. This obviously worked as they now green card holders..:confused: :confused:

InnVic
11-24-2006, 02:51 PM
This thread concerns me. THE US Immigration website states quite catagorically that E2 is a temporary residence visa and DOES not lead to a green card. Trying to buck the system makes it harder for those of us that accept the limitations fo this programme. We are also talking without specific figures/investements/profits/employees so it gives false hope to some who will believe what they want to hear. To qualify for a green card as a Investor you need $1,000,000 AND to employ 10 people ( somewhat less in a development area) of course the easlier route would be to marry an American or become a rocket scientist or supermodel (I tried the vodka and marlboro lites diet - but it didn't work!) Theoretically ANYTHING is possible - but you just have to read of the hassle that people are having with application for bonefide visas to realise that in practice conversion is going to very difficult to achieve. By all means point out there MAY be a route open - but we have a responsibility to stress that these suggested routes are not a simple process and with a very low chance of a green card at the end. There are many that have given up on E2 after the year of psychological torment. I love America, and I'm happy to be here for the next few years (visa permitting) - but its not "all that"! and I cannot imagine willingly subjecting myself to several years of uncertainly and burocracy just for a green card .

Susie
11-24-2006, 04:50 PM
Hi Inn VIc

Your correct the E VISA does NOT and never will convert to green card as you say it is a NON immigrant Visa.

I agree and will ask attorney to clarify so we have it from a horses mounth. We must not give any false hopes but all I can say is , this can and has been achieved and personally know of two cases where this route has been taken and both couples have green card in hand. There is nothing in law that I can find to say it cannot be done.

The E visa is a NON immigrant visa however you can change from E visa to another type of NON immigrant visa an L visa is both Non immigrant visa but you can have dual intent

An L visa is ONLY renewable for 7 years in total, so unless you or your employer changes their mind anlong the way you cannot renew beyond that date

It is also possible to change from E visa to H1B which is also a non immigrant visa. The employer may wish to sponsor employee for green card, which is a possible route

All I can add is this route has been achieved in the past, maybe the route will not work in the future so everyone should seek an immigration lawyer and be guided by them

peter gold
11-24-2006, 10:52 PM
Possible way is the spouse of an E2 visa holder gets employment authorisation and then seeks sponsorship by his employer. The E2 visa will have to continue with reneawals whilst the sposored spouse awaits the visa allocation (quota can take more than three years).

DebbieM
11-24-2006, 11:06 PM
Hi Annie

Reading through this and other threads that you have posted on I get the feeling you have the Florida bug???? We've all been there believe me, that feeling that nothing is ever as good in the UK as it was in Florida - my kids even said the Coke tasted better out here.

I've definately walked in your shoes where the longing to be in Florida is so overwhelming that you would do or consider ANYTHING to be here. At work my desk was adorned with anything connected with Disney so much so that I was known as Debbie Disney and never Debbie Mansell.

Please, at the risk of sounding like a real kill joy here, don't try to cut corners to expedite your move, consider very carefully any decisions you make it is a big step and you must not let your heart rule your head.

At the end of the day there is no 'short cut' no 'quick fix' and there are many that will tell you on here that even what appears to be the most solid of businesses wont hold up to the scrutiny of the US Embassy. If you try to cut corners it will only end in tears, even those of us that do it the right way have to fight every inch of the way.

One piece of information for you to consider as I think there are teenagers being considered here, you have to reside in Florida (proof being a drivers license, warranty deed or leasing agreement) for 1 year before you qualify for in state fees to attend college, the difference for my daughter was 4 subjects - $3000 per semester out of state, 4 subjects $675 in state, a big difference and something I didn't know about before I got here.

You seem to be asking all the right questions but listen really hard to the answers you are being given, a friend of a friend's story might just get a little bit lost in translation and what you hear down the pub may not be actually quite the truth.

Please don't think I'm sitting here smugly in Florida putting a dampener on all your hopes and dreams, I'm not, honestly but if you are looking for a quick road in, do so at your peril.

I am a nice person, honest.

Debs

Ron
11-24-2006, 11:50 PM
good advise Debs

Susie
11-25-2006, 03:04 AM
Possible way is the spouse of an E2 visa holder gets employment authorisation and then seeks sponsorship by his employer. The E2 visa will have to continue with reneawals whilst the sposored spouse awaits the visa allocation (quota can take more than three years).


Hello Peter and :welcome:

Thank you for joining us and psoting.

Hope you find lots of useful information and thank you for sharing the above info.

Yet another indirect way of getting green card

anniemm
11-25-2006, 10:40 AM
Debbie
Thanks for advice, I think your right in that we certainly love Florida, hence why in the last twenty years we have been over twice a year, every year.
I have one good friend who has lived in the states for 18 years and is now a USC, 2 acquaintances who have lived in the states for about 6/7 years, one a green card holder and the other on an E2 Visa (neither the pet shop owner...)
We personally would love to live and work in Florida, but would not consider anything to do it. We certainly would not cut costs, I didnt think i had implied i would:confused:

I know what a hard road it must be, you only have to read the posts.. but I think we would like to try it, but not at any cost.

I do appreciate where your coming from, and I may have given out the wrong impression :o , but all I'm trying to do is find out as much info as I can.
If I wanted to be blinkered about it, I would take the advice and listen to my friends in the states, and do it in a flash, as none of them have experienced any of the problems that I have seen described on here, and are always saying to come over and they will try and help etc.. but as ive said, I'm trying to find out everything, including the pitfalls.
I found this forum by accident, and I’m really glad I did as everyone on here can give a different input on things. But, I'm also sad at how many people have been put through the wringer over renewals,aging out, etc, and I really feel for them, especially where children are involved
I’m lucky in that respect as both my kids are over twenty one, and will not be coming with us if we decide to go, so that’s once less thing to worry about
I have Been asking the questions on aging out for my sister
Once again I appreciate your advice.




Hi Annie

Reading through this and other threads that you have posted on I get the feeling you have the Florida bug???? We've all been there believe me, that feeling that nothing is ever as good in the UK as it was in Florida - my kids even said the Coke tasted better out here.

I've definately walked in your shoes where the longing to be in Florida is so overwhelming that you would do or consider ANYTHING to be here. At work my desk was adorned with anything connected with Disney so much so that I was known as Debbie Disney and never Debbie Mansell.

Please, at the risk of sounding like a real kill joy here, don't try to cut corners to expedite your move, consider very carefully any decisions you make it is a big step and you must not let your heart rule your head.

At the end of the day there is no 'short cut' no 'quick fix' and there are many that will tell you on here that even what appears to be the most solid of businesses wont hold up to the scrutiny of the US Embassy. If you try to cut corners it will only end in tears, even those of us that do it the right way have to fight every inch of the way.

One piece of information for you to consider as I think there are teenagers being considered here, you have to reside in Florida (proof being a drivers license, warranty deed or leasing agreement) for 1 year before you qualify for in state fees to attend college, the difference for my daughter was 4 subjects - $3000 per semester out of state, 4 subjects $675 in state, a big difference and something I didn't know about before I got here.

You seem to be asking all the right questions but listen really hard to the answers you are being given, a friend of a friend's story might just get a little bit lost in translation and what you hear down the pub may not be actually quite the truth.

Please don't think I'm sitting here smugly in Florida putting a dampener on all your hopes and dreams, I'm not, honestly but if you are looking for a quick road in, do so at your peril.

I am a nice person, honest.

Debs

Emmalee25
11-26-2006, 05:12 PM
Just quickly back to the E2 to Greencard thread!
at the side of the 27/192 junction in davenport there is a HUGE billboard on the side of the road that says-
"Get Greencard from your E2 visa" so im sure this thread wouldnt cause any probs for future E2'ers, but the HUGE billBoard may cause some concern to the US immigration! im sure someone has seen it, definiately NOT hidden!

:) Em x

P.s sorry to add that on so late!

DebbieM
11-26-2006, 05:22 PM
Hi Annie

I am so glad you took the content of my post in the way it was meant. If there is anything I can do to help, please don't hesitate to ask.

I saw so much of me in the posts you made and someone put my feet firmly back on the ground when we were considering the move. At the time I was a bit sore from the bubble bursting episode but I am so glad it happened and I thank that person from the bottom of my heart each and every time I read this forum. I just wanted to do that for you but from your reply you sound like you have it all in hand. Keep asking those questions!!!!!

Debs

britcan
11-27-2006, 12:18 AM
Just quickly back to the E2 to Greencard thread!
at the side of the 27/192 junction in davenport there is a HUGE billboard on the side of the road that says-
"Get Greencard from your E2 visa" so im sure this thread wouldnt cause any probs for future E2'ers, but the HUGE billBoard may cause some concern to the US immigration! im sure someone has seen it, definiately NOT hidden!

:) Em x

P.s sorry to add that on so late!


Hi Emmalee

What was on the sign besides that? Was there a website, or email?? Who was posting the sign??

DebbieM
11-27-2006, 12:30 AM
I know the sign Emma is talking about although I think it says 'live and work in the US'.

I'm down that way tomorrow and if I think about it I'll take a picture and post it.

Debs

Emmalee25
11-27-2006, 02:08 AM
Hi Emmalee

What was on the sign besides that? Was there a website, or email?? Who was posting the sign??

Ill get details for you asap
Em x

Susie
11-27-2006, 02:23 AM
Hi all

I know we kinda started this on another forum vaguely, but I am still trying to find out the answer to this. If my husband has the E2 visa- he is setting up an LLC which will own the National Franchise of this particular company, can he after a period of time -move towards a greencard?

The business will be both employing US citizens and sub contracting- sales turnover in year 3 anticipated to be around $500-800,000, so will be grwoing expedentially.

If he can- how does he do it please?


Hi

Sorry I think I missed replying to you

This is only my opinion,

As this is a franchise, so maybe not unless

The Company #Franchise name # would have to sponser owner of franchise for I 140 labour certification I 140 , if approved then he could apply for green card I 485

DavidL
11-27-2006, 11:23 AM
I believe that if the Us business employees, say 10 full time Us citizens, then you can apply for a NIW and bypass the normal route. The whole point is that if the E2 business owner were to 'up shop' then this would have a negative impact.

britcan
11-27-2006, 02:54 PM
Hi

Sorry I think I missed replying to you

This is only my opinion,

As this is a franchise, so maybe not unless

The Company #Franchise name # would have to sponser owner of franchise for I 140 labour certification I 140 , if approved then he could apply for green card I 485
Thanks Susie, well we will have to wait and see... we are dealing with the US consulate in Toronto.. and our lawyer has said that the business plan we did, was one of the best that they had ever seen...solid... so as there is a huge backlog in Toronto as well, we have to wait until feb earliest to get an answer... Did'nt want to go through another -40C winter... so am going to be hibernating with my bag of nuts now!! Shame though... I have to go to work in reality as hubby cannot find work, whichis the whole crux of the matter...