We can't just leave the country and start again because of our daughters' education. Most decide they would like to stay but have no path to GC. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. You really don't want to wait around for law changes!!

So if you want them to get their green cards as your dependants you really need to move now. Meaning they will have to pursue their own green cards. Once your kids turn 21 they will age out anyway. Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.Д¬ompared to the legal limbo we are in, your case really isn't that difficult. If you wait around for legislative changes you may wind up waiting forever. Stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. Looks like a very complicated issue.I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007.But this might not be necessary as you have a pending AOS.However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied.Consult a lawyer ASAP.Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you.The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A.I hope your husband is still on H1 status so you can convert to H4 and work on EAD.I would get a H4 stamp and re-enter the country asap on H-4.I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued.In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.There was a separate thread on this.You can search for it. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated. While I filed I485, I submitted 3 months paystubs of company C.

Got RFE and because of abondonment it was also rejected in October 2007.

Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Company B got me project and started working for company B after a long gap. So later I tranferred my H1 to another company B. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. Is that just enough? I have sleepless nights nowadays. I submitted 3 months paystubs along with I485 form. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I entered US in H4 visa in 2001 and later converted to H1. My husband filed I485 in August 2007 and included me as derivative.

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