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E2 visa and I-129? advice needed

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  • E2 visa and I-129? advice needed

    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
    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

    Comment


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

      Comment


      • #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)

        Comment


        • #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.

          Comment


          • #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

            Comment


            • #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.

              Comment


              • #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.?

                Comment


                • #9
                  Haha! ask your lawyer.

                  Comment


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

                    Comment


                    • #11
                      Hey, it's my pleasure. All the best!

                      Comment

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