My husbands E2 visa expires in July of this year. His employer is going to petition for immigration/green card. We need to have a labor certificate before we can file our I-140 however labor certificates processing time at the moment is 4-6 months. His E2 will have expired by the time we can file our I-140. We want to know if we have to renew is E2 visa or is there a way to stay in the states legally after it has expired. Can he file a I-129? We live an work in Texas.

