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
EB-5 Immigration attorneysUSCIS 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.
Lynne Feldman
EB-5 Immigration attorneysYes, 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
EB-5 Immigration attorneysYou should file an extension of status to keep your E-2 going. Otherwise, you will have to stop working until you receive your EAD.
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you have a valid E-2, you can continue to work for the E-2 employer while your adjustment is pending.
A Olusanjo Omoniyi
EB-5 Immigration attorneysYes, you can continue to work under your E-2.
Stephen Berman
EB-5 Immigration attorneysIf your E-2 is expired, and you have no EAD then no, you are not authorized to work based on the E-2 visa.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysIn 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.
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