What is our option for a B1/B2 Visa Change/Adjust Status? 9 Answers as of January 17, 2011

We both have B1/B2 visa's that expire in 2014 and have never violated them. We have set up a new business and have 9 sales agents and are looking to change/adjust our status as we need to be in the USA to build the business but my husband also needs to be able to travel in and out of the USA. What is our best option.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
We would need more information with respect to this case to be able to evaluate what's the best course of action to follow.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There are several business options depending on what country you are a citizen of, whether you have a business in your home country, the amount of your investment, whether you want to come temporarily or permanently etc, etc. I would recommend a consultation to review these details and sort out what is best for you.

We do charge for consultations and you can schedule one by calling my office below to select a convenient time and date. $350 per hour is the consultation fee; but whatever you pay for the consultation would then be a credit toward the fees for your case if you retain us to do work beyond the consultation.
Answer Applies to: California
Replied: 1/10/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You may qualify for an E Visa depending on your country of origination. If you are here on a B1/2 Visa you may be able to apply within the United States for this visa.

There may be other options for you provided you answer a few questions with an immigration attorney. Good Luck
Answer Applies to: Texas
Replied: 1/10/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You shouldn't be doing this on a B1/B2 visa. Possibly on a E or L or even an EB5.
Answer Applies to: Florida
Replied: 1/8/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I would need to know about the business and yourselves, but there are at least a couple of straightforward business options such as the E-2 and possibly the L-1 if you have an existing business in your home country. There is also an immigrant investor visa but we would need to look at your finances to make a determination about whether the business would qualify. These type of visas really require a more detailed consultation. I suggest you consult with a business immigration attorney in your area.
Answer Applies to: Virginia
Replied: 1/7/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    What determines how long you can stay in the U.S. is the expiration date on your I-94, not the expiration of your visa. If you are still in status (your I-94 has not expired), then you may be able to change your status to a E2 (Treaty Investor) depending on what country you are from and how much you invested in the new business. Also, if the amount of investment exceeds $1 million (or $500,000.00 in some locations), you may be able to file for a EB-5 (Investor) Green Card.

    Given the circumstances you describe you should speak to an immigration attorney.
    Answer Applies to: California
    Replied: 1/7/2011
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    If you operate a business outside the US an L-1 intracompany transferee visa is probably your best bet, but it requires that you have related foreign entities both in and outside the US and that you be serving in either a managerial, executive, or specialized knowledge capacity and that you have played such a role for the foreign entity for at least one year out of the last three years before being transferred to the US. This is a non-immigrant visa that you can obtain abroad or through a change in status under certain circumstances. It is also easy to upgrade to a green card under the EB-1 category if you qualify as a manager or executive, but not as a specialized knowledge employee, which would be subject to PERM and a possible wait for a visa number before being able to adjust status to permanent residence.
    Answer Applies to: Massachusetts
    Replied: 1/6/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    Your best bet is a E2 visa or EB5.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You should consider E2 or L1 Visa, for which our firm specializes in. You are welcome to contact us for further assistance. Good luck!
    Answer Applies to: Florida
    Replied: 1/6/2011
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