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Old 09-14-2014, 01:04 AM
 
39 posts, read 165,160 times
Reputation: 22

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I am from Spain and work in USA with a E2 visa.
I am looking for a new job but this E2 Visa is quite restricting.

1) can turn E2 into a H1B? Is it easy? How long does it take?
2) if a new company wants to hire me, to start soon, should I go from J1 and then eventually to a H1B in april?
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Old 09-14-2014, 08:04 AM
 
Location: NoVA
832 posts, read 1,410,771 times
Reputation: 1637
Quote:
Originally Posted by hally79 View Post
I am from Spain and work in USA with a E2 visa.
I am looking for a new job but this E2 Visa is quite restricting.

1) can turn E2 into a H1B? Is it easy? How long does it take?
2) if a new company wants to hire me, to start soon, should I go from J1 and then eventually to a H1B in april?
Based on your other posts, you've already violated your E2 status for nearly the entire year + you've been in the U.S.

First, you only earn about $1500 a month with your "e-mail marketing" company and it would be considered a marginal enterprise since you only earn enough to support yourself (and not even that much in SF). Second, you've been working without authorization. You've been doing this for more than 180 days, and therefore are disqualified from changing your status or obtaining an employment based green card.

Te E2 is an investment visa only, designed to make money for you and the U.S. It was not created or designed for a pathway to permanent residence. If your goal was to become a permanent resident of the U.S., you should have pursued that legally and from the get go instead of trying to bob and weave your way into a green card.

As a result, it appears you're now ineligible for an employment based green card. (Again, based on your other postings.)
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Old 09-14-2014, 11:13 AM
 
39 posts, read 165,160 times
Reputation: 22
Quote:
Originally Posted by mrskay662000 View Post
Based on your other posts, you've already violated your E2 status for nearly the entire year + you've been in the U.S.

First, you only earn about $1500 a month with your "e-mail marketing" company and it would be considered a marginal enterprise since you only earn enough to support yourself (and not even that much in SF). Second, you've been working without authorization. You've been doing this for more than 180 days, and therefore are disqualified from changing your status or obtaining an employment based green card.

Te E2 is an investment visa only, designed to make money for you and the U.S. It was not created or designed for a pathway to permanent residence. If your goal was to become a permanent resident of the U.S., you should have pursued that legally and from the get go instead of trying to bob and weave your way into a green card.

As a result, it appears you're now ineligible for an employment based green card. (Again, based on your other postings.)

no wait a second....I am not following you....
I am saying that I want to change job and asked the followings:


1) can turn E2 into a H1B? Is it easy? How long does it take?
2) if a new company wants to hire me, to start soon, should I go from J1 and then eventually to a H1B in april?
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Old 09-14-2014, 12:47 PM
 
3,971 posts, read 3,998,529 times
Reputation: 5401
How did you get an E2 visa? It seems like you haven't met the requirements.
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Old 09-14-2014, 07:36 PM
 
Location: NoVA
832 posts, read 1,410,771 times
Reputation: 1637
Quote:
Originally Posted by hally79 View Post
no wait a second....I am not following you....
I am saying that I want to change job and asked the followings:


1) can turn E2 into a H1B? Is it easy? How long does it take?
2) if a new company wants to hire me, to start soon, should I go from J1 and then eventually to a H1B in april?
1) No you can't change your E2 into an H1B.

2) There is no "new company who wants to hire me" as an E2. An E2 is an investor only, not a worker.

3) You have been working for over 180 days in a job that is not part of your E2 company.

4) As such, you've been working in violation of the law and working in violation of the terms of your E2 visa.

5) Therefore, you are not eligible to change your status or obtain an employment based green card.
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Old 09-14-2014, 11:39 PM
 
39 posts, read 165,160 times
Reputation: 22
Quote:
Originally Posted by mrskay662000 View Post

3) You have been working for over 180 days in a job that is not part of your E2 company.

I dont get this...
I am working for the company that sponsored my E2 visa

Anyway the change seems possible
http://www.avvo.com/legal-guides/ugc...-an-e-2-to-h1b

Last edited by hally79; 09-14-2014 at 11:50 PM..
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Old 09-15-2014, 06:51 AM
 
23,875 posts, read 10,251,883 times
Reputation: 45649
Quote:
Originally Posted by hally79 View Post
I dont get this...
I am working for the company that sponsored my E2 visa

Anyway the change seems possible
Possibility to change from an E-2 to H1B - Avvo.com
And what about the side job managing a web site?
http://www.city-data.com/forum/san-f...l#post32423492
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Old 09-15-2014, 07:16 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,418,810 times
Reputation: 26726
Quote:
Originally Posted by hally79 View Post
I dont get this...
I am working for the company that sponsored my E2 visa

Anyway the change seems possible
Possibility to change from an E-2 to H1B - Avvo.com
Since you've already found an opinion which seems to confirm your supposition, maybe now you should just go to the USCIS website and research further. If you've already (as has been suggested) violated the explicit terms of your E2 then obviously your position is already tenuous Seeking the advice of a competent legal immigration attorney would seem to be your best course of action.
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Old 09-15-2014, 10:48 AM
 
39 posts, read 165,160 times
Reputation: 22
Quote:
Originally Posted by Threestep View Post
And what about the side job managing a web site?
http://www.city-data.com/forum/san-f...l#post32423492
that's not a job where I am hired by another company, don't always think bad

Please guys stick to the topic and help me with my questions
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Old 09-15-2014, 11:44 AM
 
27,307 posts, read 16,115,437 times
Reputation: 12100
Quote:
Originally Posted by hally79 View Post
I am from Spain and work in USA with a E2 visa.
I am looking for a new job but this E2 Visa is quite restricting.

1) can turn E2 into a H1B? Is it easy? How long does it take?
2) if a new company wants to hire me, to start soon, should I go from J1 and then eventually to a H1B in april?
No to all.

In order to get the new H1B visa will require a petition from the employer who wants to hire you and the 2014 quota has long been exhausted. So the employer will have to wait for the 2015 cycle.

Thus it is not "easy". Plus you would have to leave the US to have the new visa placed in your passport.

Do not violate your status as that can get you removed from the US.
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