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Hello. I have a question about whether an E-2 visa extension can be approved after filing I-140. I’m currently maintaining status under E-2, but am also separately going through employment-based immigration.
So it’s now time to file I-140 after PERM approval, but I’m not sure what to do since it’s before my E-2 visa expires. I-140 also has a filing deadline, so the timing doesn’t line up.
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T. 718-514-2777 HK Jang
Marriage Green Card in U.S.: $1,900
Marriage Green Card Abroad: $2,100
Green Card for a Parent in US: $1,750
Green Card for a Parent Abroad: $1,950
Perm(LC) : $4,500
I-140 : $2,000
I-485 : $1,500
K-1 Visa : $1,450
Change of Status : $1,500
N-400 : $600
Re-Entry Permit : $500
Green Card Extension : $300
Filing I-140 — taking a conservative approach — is seen as revealing immigrant intent, so there’s a chance that an E-2 extension (a nonimmigrant category) could be denied afterward. So we recommend filing your E-2 extension before filing I-140. This is something that needs to be scheduled and sequenced carefully with the dates in mind from the very start of the green card process. This problem arises when someone starts employment-based immigration or files I-140 without considering the E-2 expiration date. There are ideas to address this, but it’s difficult to lay them all out publicly here.