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How can I work under an E-2 visa while I-485 is pending?

We have received receipts from USCIS for the EB-5 I-485 and I-131. Our I-94s expire this month and our E-2 visa expires in May of 2021. Can we continue to work on the payroll in our E-2 company under the current E-2 visa until our EADS arrive?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 4, 2020

  USCIS seems to recognize a limited dual intent for E-2, but the consulate does not. So a visa renewal may be tough but continuing your status could be OK.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on June 3, 2020

  In order to remain in valid E-2 status, your I-94 must be valid. The validity of your E-2 visa is irrelevant for the issue of status maintenance. Based on the info you presented, you will not be eligible to work once the I94 expires. You did not indicate having applied for an EAD but that is what you need to apply for in order to become eligible for work while I-485 is pending. E-2 extension does not seem an option here.

• Stephen Berman

  Immigration Attorney

  Answered on June 3, 2020

  If your E-2 is expired, and you have no EAD then no, you are not authorized to work based on the E-2 visa.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on June 3, 2020

  Yes, you can continue to work under your E-2.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 3, 2020

  If you have a valid E-2, you can continue to work for the E-2 employer while your adjustment is pending.

• Lynne Feldman

  Immigration Attorney

  Answered on June 3, 2020

  Yes, that should not be a problem. I would not travel internationally though until your travel permit comes as the E-2 is not a dual intent status.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 3, 2020

  You should file an extension of status to keep your E-2 going. Otherwise, you will have to stop working until you receive your EAD.