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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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We have been in the US on an E2 Investor Visa for the past

Customer Question

We have been in the US on an E2 Investor Visa for the past four years and have decided to not renew it in September but to return home to Australia to allow our daughter to continue her education. Our i94 is valid until July 2018 and our visa expires in Sept but we do not plan to leave until November. Should we therefore apply for a change of status to a B1 as we will be here after the visa expires or as the i94 is valid do we not need too worry about doing a change of status?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

When do you intend to cease fulfilling the obligations of the E2 visa?

Customer: replied 3 months ago.
I'm unsure what you mean? Can you clarify.
Expert:  Expert James replied 3 months ago.

When do you intend to stop working on E2?

Customer: replied 3 months ago.
I own the business, I am not an employee. I do not take any salary from this business. Therefore I understand we have a right to remain in the country (i94) as long as we are not earning money in the US and intend to depart within the timeframe on the i94.
Expert:  Expert James replied 3 months ago.

OK, thank you very much.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: You have a right to remain as long as the I-94 allows you to, and you are fulfilling the obligations as set forth in the status that you have undertaken in the US.

Once you are in the US, the visa stamp in the passport is irrelevant to your lawful status. The I-94 governs your lawful status in the US. So as long as you keep doing what you've been doing while on E2 status, doing in terms of the E2 status, you can remain in the US until the expiration of the I-94, which is July 2018. The visa stamp expiration does not matter.

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Thank you!

Expert:  Expert James replied 3 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.