E2 Visa Renewal after expiration but I-94 status still valid

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Hi, My wife and i run an E2 business, our E2 Visa's expire in Nov 2014 however our I-94 status is valid thru Nov 2015, we are working on a New Lease agreement which will probably not be ready until early 2015, are we likely to have any problems renewing our Visa's because of the fact they have expired? bearing in mind we will have been in legal status due to valid I-94 and complying with E2 requirements. We just would rather do the renewal once we have a new lease agreement in place.

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Catherine Henin ·
Yes you can apply for the renewal of the visas with the US embassy after the visas have expired because you would have maintained a valid status in the US. However, you will not be able to travel in and out of the US once the visas expire in December and until you are scheduled for an interview for the renewal of the visas. If your business is doing well, you might want to apply for the renewal as soon as you get the new lease. If your US tax returns do not reflect sales and income sufficient to warrant the renewal of the visa, you might want to leave the US and come back before the December 2014 expiration so that you will have another 2-year status in the US which would allow you to get your business in a better financial status for renewal, if needed.
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