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I am a Canadian citizen, currently visiting the US. I plan to make an investment in a business under the Treaty visa (E-2) category. Till I complete my research and negotiation, I want to cover my stay in the US with a B-1 visa (beyond the no-visa-required six month period). I have a few questions.

1. While in the US, do I apply for a change of status or a new B-1 visa?

2. Is it permissible to change from B-1 to E-2 under a change of status?

3. Can I apply for 1. and 2. above while in the US, or do I have to apply at a US consulate in Canada? It would be very inconvenient to leave at the middle of a negotiation.

I would appreciate some help. Thanks.

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I am a Canadian citizen, currently visiting the US. I plan to make an investment in a business under the Treaty visa (E-2) category. Till I complete my research and negotiation, I want to cover my stay in the US with a B-1 visa (beyond the no-visa-required six month period). I have a few questions.

1. While in the US, do I apply for a change of status or a new B-1 visa?

2. Is it permissible to change from B-1 to E-2 under a change of status?

3. Can I apply for 1. and 2. above while in the US, or do I have to apply at a US consulate in Canada? It would be very inconvenient to leave at the middle of a negotiation.

I would appreciate some help. Thanks.

You can apply for a change of status from B1 to E2 while in the US. You can also apply to extend the status of a B1 while in the states if necessary. Be careful that you do not fall out of status while in the US or you will need to leave and file for E2 from outside the US.

Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

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It appears that Canada is an E1 country, not an E2, but the same rules apply as far as filing from within the states.

http://travel.state.gov/content/visas/english/fees/treaty.html

Edited by Teddy B

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Changing to a B1 now would not allow you to extend your time if you have already spent 6 months this year inside the US. They will see that you are living here not visiting and deny you entry if they even grant the visa.


This will not be over quickly. You will not enjoy this.

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I could have sworn I have come acoss Canadians on E2.

A visa is a document to enter a country.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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and an E2 country.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It doesn't- it lists Canada as both (http://travel.state.gov/content/visas/english/fees/treaty.html and click on "Treaty Countries"). There are two listings in a row in the table -- one for E1 and one for E2.

Thanks jan22, I did not notice there were two lines for Canada when I read the chart. That's a pretty weird way of listing the countries. you would think they would just list both E1 & E2 in the same line rather than having a second line below, especially seeing that both the E1 and E2 classification were effective on the same date. But this is the gov't we're talking about.

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Thanks jan22, I did not notice there were two lines for Canada when I read the chart. That's a pretty weird way of listing the countries. you would think they would just list both E1 & E2 in the same line rather than having a second line below, especially seeing that both the E1 and E2 classification were effective on the same date. But this is the gov't we're talking about.

What's true for Canada (both E1/E2 andcontrollinh treaty for both on the same day) is not true for all countries. I think the table is set up the way it is so that you can read the entries the same, no matter what the situation for a particular country. If controlling treaty ratification for the two were different, for example, it would be hard to list in the same entry and not confuse some people.

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