change of status | Scott Legal, P.C.

Approvals

B Visa Change of Status Approval

We just received a change of status approval from U.S. Citizenship and Immigration Services that changed the applicant’s visa status from TN to B-1. We filed the change of status petition during the applicant’s 60-day grace period after he was…

Jenny ZhanJanuary 27, 2021

H-1B and E-3 Visa Immigration

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…

Jenny ZhanDecember 30, 2020

E-2 Visa Immigration Investor Visas

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

If you want to come to the U.S. and explore E-2 investment opportunities, you should enter as a B-1 business visitor (either on a B-1 visaor as anESTA business visitor). Exploring investment opportunities is an activity that is specifically allowed…

Jenny ZhanDecember 1, 2020

Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…

Jenny ZhanOctober 15, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas

I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa?

Participants of some J-1 visa programs are subject to a 2 year home residency requirement. This means, that the J-1 visa participants will have to return to their home country for at least 2 years after the completion of the…

Jenny ZhanJune 11, 2020

E-1 Visa Immigration

What is the E-1 application process? Should I apply for an E-1 visa at a Consulate? Can I file an E-1 Change of Status application with USCIS?

If you are a national of a treaty country and you want to come to the U.S. to engage in international trade between the U.S. and your home country, E-1 visa is a great option for you. Our clients often…

Jenny ZhanApril 22, 2020

H-1B and E-3 Visa Immigration

I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…

Jenny ZhanApril 16, 2020

Covid 19

My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application?

When you enter the U.S. on a visa, your I-94 date governs the amount of time that you are permitted to stay in the U.S. Normally, when status is about to expire, there is an option to either extend status,…

Jenny ZhanApril 15, 2020

Covid 19

Coronavirus Update: No Special COVID Relief for Nonimmigrants Seeking Change or Extension of Stay

At the moment, USCIS is not offering flexibility to nonimmigrant who are unable to depart the U.S. because of the COVID outbreak. Foreign nationals who are soon out of status may seek a change or extension of status to stay…

Jenny ZhanApril 14, 2020

E-2 Visa Immigration Investor Visas

Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?

While most E-2 visas are filed at U.S. Consulates abroad, there are some instances where an applicant may apply for a change of status while in the U.S. For example, an applicant could enter the U.S. on B status and…

Jenny ZhanFebruary 14, 2020

E-2 Visa Immigration Investor Visas

E-2 Visa Reciprocity for French Nationals Reduced

Starting on August 29, 2019, E-2 visa reciprocity for French nationals will decrease from the current 60 months (5 years) to 15 months (1 year and 3 months). The amount of time an E-2 visa can be granted for varies…

Jenny ZhanAugust 20, 2019

E-2 Visa Immigration Investor Visas

Can I apply for an E-2 visa for my Dependents if I Changed Status in the U.S.? Can my Family apply for an E-2 visa at the Consulate?

When in the U.S., it may be possible to apply to change status to E-2 status. (Eg. moving from an F-1 to E-2) If an applicant changes status in the U.S. and has family members abroad, the question comes up…

Jenny ZhanJuly 18, 2019

E-2 Visa Immigration Investor Visas

Can a Dual National Change Status to E-2 if they Entered on the Non E-2 Country Passport?

One way to apply for an E-2 visa if you are in the U.S. is to file an I-129 form to change status. While most applicants apply for E-2 visas at a Consulate, there are some instances where applying through…

Jenny ZhanJuly 1, 2019

Immigration News

eProcessing Now Available for Extension of Status

USCIS have announced today that it has began to accelerate USCIS’ transition into a digital business model. Starting today, Form I-539, Application to Extend/Change Nonimmigrant Status can now be filed online. Form I-539 is primarily used for dependents of nonimmigrant…

Jenny ZhanMay 22, 2019

E-2 Visa Immigration Investor Visas

Israeli Nationals outside of the US can now Apply for E-2 Visas, Israeli Nationals Inside the US can now Change Status to E-2, and Israeli E-2 Visa Validity Length Announced.

The E-2 treaty investor agreement signed between the United States and Israel came into effect on May 1, 2019. Israeli nationals who are interested in investing in the United States can now apply for the E-2 visa. USCIS has also announced…

Jenny ZhanMay 3, 2019

Immigration

Is there any difference between Change of Status and Adjustment of Status?

In plain language, the phrases ‘change of status’ and ‘adjustment of status’ may sound like they are describing the same process. However, in immigration law there is a fundamental difference between these two procedures. Change of Status When you come…

Jenny ZhanDecember 27, 2018

H-1B and E-3 Visa Immigration

Premium Processing Suspended for Some H-1B Applications Through February 2019

USCIS has extended and expanded the suspension of premium processing for certain H-1B cases. This suspension affects Fiscal Year 2019 pending cap cases and, starting from September 11, 2018, most changes of employer, changes of status, and amendment applications. This…

Jenny ZhanAugust 29, 2018

H-1B and E-3 Visa Immigration

I am a Foreign Student Planning a Change of Status to H-1B – Can I Travel?

If you are an F-1 student and an H-1B cap petition to change status to H-1B has been filed on your behalf, traveling internationally could impact your ability to change status and reenter the United States. It is very important…

Jenny ZhanMarch 29, 2018

Deportation & Humanitarian Immigration Immigration

Can a DACA Recipient Apply for an Employer-Sponsored Green Card in the U.S.? Can a DACA Recipient Apply for Nonimmigrant Status in the U.S., Such as an H-1B or E-2?

Deferred Action for Childhood Arrivals (DACA) is a program that was introduced by the Obama Administration in June 2012 to provide work authorization and administrative relief from immigration enforcement action to certain unlawfully present aliens who entered the United States…

Jenny ZhanMarch 29, 2018

H-1B and E-3 Visa Immigration

H-1B visas: What are my options for changes or extensions of status after employment ends?

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. A specialty…

IanScottMay 13, 2017

Approvals

B-1 Approval for E-2 Visa Applicant

We just received an approval for a B-1 visa for an applicant that is applying for an E-2 visa through USCIS. The applicant entered the U.S. on a B-2 visa and changed status to a B-1 to give him the…

IanScottMay 12, 2017

E-2 Visa Immigration Investor Visas

What Do You Need to Know About Applying for an E-2 Visa at a U.S. Consulate?

An E-2 visa is a visa that can be issued to nationals of certain countries who want to start a business in the U.S. that will ultimately hire U.S. workers. The business can be a small one that requires a…

IanScottApril 2, 2017

E-2 Visa Immigration Investor Visas

Should I go to a U.S. Consulate to get an E-2 Visa or change to E-2 status in the United States? (Part 1: Applying at the Consulate)

An E-2 visa is a great visa for a person who wants to launch a startup or purchase a business in the United States. In order to obtain the visa the applicant must invest in a business in the United States,…

IanScottOctober 12, 2016

Approvals

E-2 Visa Granted by USCIS for Halal Grocery Investor from Bangladesh

We just received approval for an E-2 visa and change of status applications filed at the United States Citizenship and Immigration Services (USCIS) for a Bangladeshi investor and his family. The applicant invested in and became majority owner of a Halal grocery.…

IanScottJanuary 4, 2016

Immigration

What are the Differences Between Extension of Stay, Change of Status and Adjustment of Status?

People visit the United States for many different reasons, such as tourism, starting a business venture or visiting family members and friends. While you are in the U.S. your circumstances may change and you may want to extend your stay…

IanScottNovember 14, 2014

change of status | Scott Legal, P.C.

B Visa Change of Status Approval

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa?

What is the E-1 application process? Should I apply for an E-1 visa at a Consulate? Can I file an E-1 Change of Status application with USCIS?

I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?

My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application?

Coronavirus Update: No Special COVID Relief for Nonimmigrants Seeking Change or Extension of Stay

Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?

E-2 Visa Reciprocity for French Nationals Reduced

Can I apply for an E-2 visa for my Dependents if I Changed Status in the U.S.? Can my Family apply for an E-2 visa at the Consulate?

Can a Dual National Change Status to E-2 if they Entered on the Non E-2 Country Passport?

eProcessing Now Available for Extension of Status

Israeli Nationals outside of the US can now Apply for E-2 Visas, Israeli Nationals Inside the US can now Change Status to E-2, and Israeli E-2 Visa Validity Length Announced.

Is there any difference between Change of Status and Adjustment of Status?

Premium Processing Suspended for Some H-1B Applications Through February 2019

I am a Foreign Student Planning a Change of Status to H-1B – Can I Travel?

Can a DACA Recipient Apply for an Employer-Sponsored Green Card in the U.S.? Can a DACA Recipient Apply for Nonimmigrant Status in the U.S., Such as an H-1B or E-2?

H-1B visas: What are my options for changes or extensions of status after employment ends?

B-1 Approval for E-2 Visa Applicant

What Do You Need to Know About Applying for an E-2 Visa at a U.S. Consulate?

Should I go to a U.S. Consulate to get an E-2 Visa or change to E-2 status in the United States? (Part 1: Applying at the Consulate)

E-2 Visa Granted by USCIS for Halal Grocery Investor from Bangladesh

What are the Differences Between Extension of Stay, Change of Status and Adjustment of Status?

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