E-2 employee while under AOS from K-1

[Akrapovic 31]

Hi everybody. I am currently under AOS / seeking permanent residency from a K-1 visa. I am trying to find a legal way to get employed here in the US before receiving the EAD. Biometrics appointments are not being scheduled and I am starting to lose hope that I will see an EAD anytime soon with everything that is going on at the moment.

I am not sure if this works, but if a foreign company invested here in the US and I was to be sponsored by this foreign company for an E-2 employee visa, what would happen to my original I-485 petition? Is this a feasible idea? Any thoughts or advice are greatly appreciated! ✌️

[Boiler 43,430]

I would discuss it with the Employers lawyer, sounds like you want to do a CoS to E2 and then adjust to LPR, and you still within your 90 days?

[HRQX 4,145]

39 minutes ago, Boiler said:

and you still within your 90 days?

Per timeline, the 90 days have passed: https://www.visajourney.com/timeline/profile.php?id=336269

[HRQX 4,145]

41 minutes ago, Boiler said:

sounds like you want to do a CoS to E2 and then adjust to LPR,

Also, can't COS from K-1: https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf "How do I know if I am not eligible to change my status in the United States?"

[SusieQQQ 11,584]

15 minutes ago, HRQX said:

Also, can't COS from K-1: https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf "How do I know if I am not eligible to change my status in the United States?"

Yup he would  have to leave US and apply for a visa. And somewhere in the middle have his foreign company investing in the US. Can’t see how all this would be faster than an EAD.  

[Akrapovic 31]

Thank you - excellent infos! Yes, I have been in the US for more than 90 days. My K1 has run out, and my stay is permitted because of the ongoing AoS. Based on your answers, I also think that a CoS is not possible at this time.

 

The company already has a presence in the US and their lawyer made this suggestion. The internet says that the processing time at the embassy is 4-6 weeks to register a company for E-Visas in Germany. So I guess the complete timeline would take 2-3 months minimum. A question I will forward.

 

I guess it then boils down to the question, if I would be willing to leave the US and thereby abandon my current petition, to possibly get an E-Visa. Sounds risky! Especially since I am already married to a USC.. Any thoughts on that?

 

Lets say I finally got an E-2 Visa and was granted entry to the US. Could I then apply for an AOS once more?

[milimelo 4,194]

Overthinking it. If that company wants to hire you, have them do the offer letter and then work with your congressman/senator's immigration aide to expedite EAD. 

 

Did you seriously not know that it takes months to get EAD when coming in on K-1 visa? 

[Boiler 43,430]

E2 is a non immigrant visa.

[SusieQQQ 11,584]

41 minutes ago, milimelo said:

Overthinking it. If that company wants to hire you, have them do the offer letter and then work with your congressman/senator's immigration aide to expedite EAD. 

 

 

A good and obvious solution (once one knows the company is already here and willing to make a offer), makes you wonder why the company lawyer didn’t come up with it...

[Boiler 43,430]

18 minutes ago, SusieQQQ said:

A good and obvious solution (once one knows the company is already here and willing to make a offer), makes you wonder why the company lawyer didn’t come up with it...

Maybe not an immigration lawyer?

[SusieQQQ 11,584]

4 minutes ago, Boiler said:

Maybe not an immigration lawyer?

Or maybe gets paid by the hour.

 

If they know enough to suggest the type of visa to sponsor they should be aware of expediting EADs.... one would think. 

Edited July 15, 2020 by SusieQQQ

[Akrapovic 31]

1 hour ago, milimelo said:

Overthinking it. If that company wants to hire you, have them do the offer letter and then work with your congressman/senator's immigration aide to expedite EAD. 

 

Did you seriously not know that it takes months to get EAD when coming in on K-1 visa? 

Thank you - sounds like a viable idea. (And I understand your question, but: Back in June/July last year, when we decided to go the K-1 route, I didn't expect a world wide pandemic causing the US Immigration to come to a standstill and potentially 70 % of their staff being sent home due to budgeting issues. Nobody knows how this will play out. It has nothing to do with the usual wait times anymore... I just want to find potential alternative *edit ways to provide for my family and start my life in the US.)

 

6 minutes ago, SusieQQQ said:

Or maybe gets paid by the hour.

I am sure thats the case!

Edited July 15, 2020 by Akrapovic

[Boiler 43,430]

2 minutes ago, SusieQQQ said:

Or maybe gets paid by the hour.

 

If they know enough to suggest the type of visa to sponsor they should be aware of expediting EADs.... one would think. 

True

2 minutes ago, Akrapovic said:

Thank you - sounds like a viable idea. (And I understand your question, but: Back in June/July last year, when we decided to go the K-1 route, I didn't expect a world wide pandemic causing the US Immigration to come to a standstill and potentially 70 % of their staff being sent home due to budgeting issues. Nobody knows how this will play out. It has nothing to do with the usual wait times anymore... I just want to find a way to provide for my family and start my life in the US.)

 

I am sure thats the case!

You would have had a 6 month wait for EAD under normal conditions.

[Akrapovic 31]

1 minute ago, Boiler said:

4 minutes ago, Akrapovic said:

Thank you - sounds like a viable idea. (And I understand your question, but: Back in June/July last year, when we decided to go the K-1 route, I didn't expect a world wide pandemic causing the US Immigration to come to a standstill and potentially 70 % of their staff being sent home due to budgeting issues. Nobody knows how this will play out. It has nothing to do with the usual wait times anymore... I just want to find a way to provide for my family and start my life in the US.)

 

I am sure thats the case!

You would have had a 6 month wait for EAD under normal conditions.

Yes, and I fear that wait times may increase substantially.

[Akrapovic 31]

15 minutes ago, SusieQQQ said:

If they know enough to suggest the type of visa to sponsor they should be aware of expediting EADs.... one would think. 

The lawyers statement was that expedites are only possible when the biometrics appointment has been completed.