Legal Question in Immigration Law in Virginia

H-1B visa transfer to E-2 visa

I had a H-1B visa from Co. ABC. I looked at the I-94 yesterday and the visa is valid until July'07. In Jan'05, I started working for Co. XYZ, and have been with them since. There is a very good opportunity at Co. ABC now and I want to work there again. Is it possible for me to work on the old I-94 after 1 yr break or does the company need to apply for a new H-1B for me?

Moreover, I have 50% shareholding in Co. ABC, the company that did my H1B in 2004. I was wondering if I can transfer my visa from H1B to E 2 (Investor) visa. Co. ABC is a registered investment advisory firm with $5.5mn assets under management and over $100k in revenues. If E2 visa is possible, then what is the procedure for it? I believe that E2 visa can only be done with treaty countries. I am a citizen of Pakistan and it is one of the treaty

country.


Asked on 3/01/06, 11:04 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H-1B visa transfer to E-2 visa

Assuming that your H1-B visa was properly transferred to allow you to work at company XYZ

and that you've remained in status, you could return to work for the first company without having them apply in your behalf for a new H1-B visa.

I see nothing that would prevent you from also applying for an E-2 investor visa but apparently you must be able to show that your invested share of enterprise assets amounts to at least $200,000 to have any realistic chance of approval.

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Answered on 3/01/06, 11:47 pm


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