The Green (should be GOLDEN) Card

[imported_n/a]

Can I please run this logic past you all.

If we were to buy a business and go over on an E2 visa with only one of us as a director of the company and the other a dependant - then when we get there I assume the dependant can apply for a work visa?

Is this the case?

Then when in employment could this person then apply for a green card?

If this person then got a green card would the spouse (E2 visa holder) then be entitled to stay irrespective of business interests?

If the business was then sold - could the spouse apply for a work permit as the other half would have a green card?

Also can you tell me if children of green card holders are allowed to stay and apply for a green card themselves past school age.

Thanks

[Getmeoutoftheuk]

To my understanding if you go over on an E2 with you as the director then your spouse can work(after 90 days of arrival).
They can not apply for a green card.

[chrizzy100]

<blockquote id="quote" class="ffs">quote:Originally posted by casi
Can I please run this logic past you all.

If we were to buy a business and go over on an E2 visa with only one of us as a director of the company and the other a dependant - then when we get there I assume the dependant can apply for a work visa?

Is this the case?

Then when in employment could this person then apply for a green card?

If this person then got a green card would the spouse (E2 visa holder) then be entitled to stay irrespective of business interests?

If the business was then sold - could the spouse apply for a work permit as the other half would have a green card?

Also can you tell me if children of green card holders are allowed to stay and apply for a green card themselves past school age.

Thanks

[/quote]

One question I can answer there is children under 21 get greencards when their parents get them......

I'm not sure.......but the work permit you get while in the US does not lead to a greencard........

[esprit]

The work permit you get is a dispensation to work as a dependant of a E2 visa holder. It is not an employment based visa and does not lead to green card. If you are in a profession where you could get labor certifciation ( ie there is a chronic shortgage of this profession in the US and no-one to do the job) or if you are a specialist worker and a university graduate or with many years expertise in a chosen profession and could get your employer to sponsor you, then you could try and change status, from E2 dependant say to H1B (note the capping means there are a limited amount of these available). But if you could achieve this once you are in the US, then you could achieve it now and go out on en employment based visa not a business based visa in the first place. So why on on earth are you going over on E2 with all the rubbish that goes with it and all the hassles that change of status involves??
If you are hoping to get a job and then convince an employer to sponsor you for H1B, why should he? It is hassle, it is capped and you are working for him anyway so what does he gain?? Sorry the logic doesnt stand up here. If it was that easy, we would all be doing it and there wouldnt be an E2 holder in America and there are, believe you me, some who have been here for years.

[chrizzy100]

<blockquote id="quote" class="ffs">quote:Originally posted by esprit
The work permit you get is a dispensation to work as a dependant of a E2 visa holder. It is not an employment based visa and does not lead to green card. If you are in a profession where you could get labor certifciation ( ie there is a chronic shortgage of this profession in the US and no-one to do the job) or if you are a specialist worker and a university graduate or with many years expertise in a chosen profession and could get your employer to sponsor you, then you could try and change status, from E2 dependant say to H1B (note the capping means there are a limited amount of these available). But if you could achieve this once you are in the US, then you could achieve it now and go out on en employment based visa not a business based visa in the first place. So why on on earth are you going over on E2 with all the rubbish that goes with it and all the hassles that change of status involves??
If you are hoping to get a job and then convince an employer to sponsor you for H1B, why should he? It is hassle, it is capped and you are working for him anyway so what does he gain?? Sorry the logic doesnt stand up here. If it was that easy, we would all be doing it and there wouldnt be an E2 holder in America and there are, believe you me, some who have been here for years.

[/quote]

Also........my husband could not be in the USA while waiting for his H1B.. ...I don't know if thats a normal thing....or if our lawyers were just being careful......

[imported_n/a]

Thanks for the advice everyone - much appreciated