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Thread: E2 visa and I-129? advice needed

  1. #1
    Hello all

    i am a Canadian citizen in the USA currently on an E2 Visa-Entreprener through business"A". i have a purchase agreement and inital transfer paperwork done for business"B". we intend to sell business "A". my questions are:-

    1. please confirm that it is form I-129 that i need to fill to transfer my visa from business "A" to business "B".

    2. if AFTER filing necessary forms with USCIS for business "B" but BEFORE receiving endorsement i were to sell business "A" could i continue to be in the USA without being out of status.

    what are my options. any inputs would be appreciated

    thx

    Mickey

  2. #2
    Hello all

    i am a Canadian citizen in the USA currently on an E2 Visa-Entreprener through business"A". i have a purchase agreement and inital transfer paperwork done for business"B". we intend to sell business "A". my questions are:-

    1. please confirm that it is form I-129 that i need to fill to transfer my visa from business "A" to business "B".

    2. if AFTER filing necessary forms with USCIS for business "B" but BEFORE receiving endorsement i were to sell business "A" could i continue to be in the USA without being out of status.

    what are my options. any inputs would be appreciated

    thx

    Mickey

  3. #3
    What is the nature of sale, is it an acquisition or a merger? Is the business interest of the two companies identical?

  4. #4
    Business"A" the one which i currently have a visa on is an outright sale to a party not connected at all to us.........Business "B" is a franchised fast food restaurant (a well known one)

  5. #5
    Your initial thinking was right then. A new Form I-129 petition should be submitted with Company B as the petitioning Company or Organization.

  6. #6
    thanx for the confimation..........and for the second question if Business "A" was to be sold WHILE I-129 IS BEING PROCESSED for business "B" could i continue to remain in the USA without being out of status.......

    i appreciate you taking the time to reply to my concerns....thx

  7. #7
    Yes, any non-frivolous application/petition to change or extend an alien's nonimmigrant status - while it's pending and until a decision is made - is a lawful stay authorized by the Attorney General.

  8. #8
    wow..thanx for your excellent direction......a little while ago i consulted with an "immigration attorney" who gave a very non-commital answer.......do you know of the top of your head where i can see this in writing, is it any where in the INA.?

  9. #9
    Haha! ask your lawyer.

  10. #10
    thx for all your help.........much appreciated

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