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Immigration Issues/Trasfer of H-1B to E-2



I am on H-1 and wife on H-4
My employer is winding his business in a month or so.
I remitted into the US about $ 55,000.00 from abroad and also sold a property in Pakistan to a company doing business in US and they paid $ 50,000.00 to me here in the US.
I had purchased a convenient store with that money.  Which is in business and has employed 3 US nationals on that.
Can I file a petition for change of status from H-1 to E-2, based on the investment?


ANSWER: Yes, their is a possibility for E-2 but I will first need to know your total investment in the store.  
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: The total values of the convenient store is $1,000,000.00 and my investment share is 40%, and 40% for my daughter and 20 % for a friend.

This question is too detailed to properly assess.  For example how you valuated the store, total investment in U.S. dollars etc. needs a detailed analysis and should require further consultation with an experienced attorney as emails are inadequate to discuss all issues involved.  You may contact us at
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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