B-1 info requested
May 16th 2001, 7:41 am
#1
Guest
Posts: n/a
I'm proposing to open a US office for a Canadian company and it seems the B-1 is the
best option.
I'm currently working in the US on an 18 month J-1 visa. Canada automatically waives
the 2 year residency requirement, so i can easily switch to another visa (or so I've
been lead to believe)
The questions I have are:
Can i switch from J-1 to B-1?
How long can one obtain a B-1 for, and is it possible to get subsequent B-1 visas?
Can i switch from a J-1 to say a TN-1 or an H1-B (without having to leave the US for
long, if at all?)
Can i switch from a B-1 to a TN-1 or an H1-B (again, without having to leave...)
Another option I might have is to work for the CND firm for 1 year + then use an L-1,
but I'm unclear if i can use this to eventually obtain a permanent visa
I appreciate any information and insight you can offer,
Grant
best option.
I'm currently working in the US on an 18 month J-1 visa. Canada automatically waives
the 2 year residency requirement, so i can easily switch to another visa (or so I've
been lead to believe)
The questions I have are:
Can i switch from J-1 to B-1?
How long can one obtain a B-1 for, and is it possible to get subsequent B-1 visas?
Can i switch from a J-1 to say a TN-1 or an H1-B (without having to leave the US for
long, if at all?)
Can i switch from a B-1 to a TN-1 or an H1-B (again, without having to leave...)
Another option I might have is to work for the CND firm for 1 year + then use an L-1,
but I'm unclear if i can use this to eventually obtain a permanent visa
I appreciate any information and insight you can offer,
Grant
May 17th 2001, 2:43 pm
#2
Guest
Posts: n/a
If you are able to obtain a waiver from your government on the 2 year residency
requirement and apply for the waiver and are successufl, you can adjust your status
to a B-1 visa (which would only be granted for 6 months). The TN visa which is
granted pursuant to the North American Free Trade Agreement (NAFTA) with Mexico and
Canada would be an option, but that Visa is valid for one year (which may be
renewed but after the second or third year, the INS probably would not be to eager
to renew the TN visa again). Also, all but one categories require a college degree
(at the minimum).
An H1-B visa is valid for three years, renewable for another three years, again a
college degree would be required.
From your description, though, it sounds like your best bet would be an
intercompany transferee, which could eventually turn into a legal permanent
resident (LPR--Green Card).
You should contact an attorney for your best option....
--
BlairG NVR Legal Department http://www.nationalvisaregistry.com
[email protected]
The responses or postings which we make to this forum are for informational purposes
only and should not be depended upon as legal advice, nor the creation of an attorney
client relationship. If you wish to consult with an NVR Attorney, please go to
http://www.nationalvisaregistry.com/consultxpres.htm and follow the
instructions/directions on the page.
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requirement and apply for the waiver and are successufl, you can adjust your status
to a B-1 visa (which would only be granted for 6 months). The TN visa which is
granted pursuant to the North American Free Trade Agreement (NAFTA) with Mexico and
Canada would be an option, but that Visa is valid for one year (which may be
renewed but after the second or third year, the INS probably would not be to eager
to renew the TN visa again). Also, all but one categories require a college degree
(at the minimum).
An H1-B visa is valid for three years, renewable for another three years, again a
college degree would be required.
From your description, though, it sounds like your best bet would be an
intercompany transferee, which could eventually turn into a legal permanent
resident (LPR--Green Card).
You should contact an attorney for your best option....
--
BlairG NVR Legal Department http://www.nationalvisaregistry.com
[email protected]
The responses or postings which we make to this forum are for informational purposes
only and should not be depended upon as legal advice, nor the creation of an attorney
client relationship. If you wish to consult with an NVR Attorney, please go to
http://www.nationalvisaregistry.com/consultxpres.htm and follow the
instructions/directions on the page.
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May 18th 2001, 11:26 am
#3
Guest
Posts: n/a
Grant wrote:
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The proper way to state this is that your J-1 program did not confer on you the 2
year residency requirement. It's not a matter of Canada waiving anything. In your
case, there is nothing to waive.
This makes a difference, because if you claim you were obligated and obtained a
waiver, even an "automatic" waiver, an INS official can ask to see your waiver
approval. Which you will never have, because you were never actually obligated in the
first place.
so i can easily
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You can apply for a change of status from J-1 to B-1 by filing Form I-539 with the
INS Service Center for your residence. If INS thinks your purpose fits the B-1
regulations, it will approve the request, but depending on the area of the U.S., the
I-539 processing time may be more than a year. In the meantime, your stay in the U.S.
is authorized up to the requested end date of the B-1 status. You will be a "pending
B-1" during the waiting time.
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Perhaps 6 months. It depends on the purpose. As for subsequent periods of B-1 status,
that depends also.
By the way, Canadians do not get visas. They are exempt from the requirement to get a
visa. Canadians get status.
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Your prospective employer can request a change from J-1 to TN by filing Form I-129
with the INS Nebraska Service Center. I believe those take 8 to 12 weeks, and you
cannot work authorized by the TN until the petition has been approved.
You can obtain TN status very quickly by leaving the U.S., turning around and asking
for TN status at a port of entry to the U.S. With the proper documentation, you could
do it in a day.
Your prospective employer can request a change of status from J-1 to H-1B by filing
an H-1B petition with the INS Service Center for your residence. Those can take 30 to
120 days, depending on the location of the employer, and and you cannot work
authorized by the H-1B until the petition has been approved. There is no quick way to
get H-1B, unless you previously held H-1B status somewhere in the U.S.
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Yes, it's possible. But it takes the same length of time mentioned above.
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The proper way to state this is that your J-1 program did not confer on you the 2
year residency requirement. It's not a matter of Canada waiving anything. In your
case, there is nothing to waive.
This makes a difference, because if you claim you were obligated and obtained a
waiver, even an "automatic" waiver, an INS official can ask to see your waiver
approval. Which you will never have, because you were never actually obligated in the
first place.
so i can easily
>
>
>
>
>
You can apply for a change of status from J-1 to B-1 by filing Form I-539 with the
INS Service Center for your residence. If INS thinks your purpose fits the B-1
regulations, it will approve the request, but depending on the area of the U.S., the
I-539 processing time may be more than a year. In the meantime, your stay in the U.S.
is authorized up to the requested end date of the B-1 status. You will be a "pending
B-1" during the waiting time.
>
Perhaps 6 months. It depends on the purpose. As for subsequent periods of B-1 status,
that depends also.
By the way, Canadians do not get visas. They are exempt from the requirement to get a
visa. Canadians get status.
>
>
Your prospective employer can request a change from J-1 to TN by filing Form I-129
with the INS Nebraska Service Center. I believe those take 8 to 12 weeks, and you
cannot work authorized by the TN until the petition has been approved.
You can obtain TN status very quickly by leaving the U.S., turning around and asking
for TN status at a port of entry to the U.S. With the proper documentation, you could
do it in a day.
Your prospective employer can request a change of status from J-1 to H-1B by filing
an H-1B petition with the INS Service Center for your residence. Those can take 30 to
120 days, depending on the location of the employer, and and you cannot work
authorized by the H-1B until the petition has been approved. There is no quick way to
get H-1B, unless you previously held H-1B status somewhere in the U.S.
>
Yes, it's possible. But it takes the same length of time mentioned above.
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May 21st 2001, 6:12 am
#4
Guest
Posts: n/a
Thanks for your detailed response, greatly appreciated.
On Fri, 18 May 2001 16:26:42 -0700, Sylvia Ottemoeller
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[usenetquote2]>> I'm proposing to open a US office for a Canadian company and it seems the B-1 is[/usenetquote2]
[usenetquote2]>> the best option.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I'm currently working in the US on an 18 month J-1 visa. Canada automatically[/usenetquote2]
[usenetquote2]>> waives the 2 year residency requirement,[/usenetquote2]
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[usenetquote2]>> switch to another visa (or so I've been lead to believe)[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> The questions I have are:[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Can i switch from J-1 to B-1?[/usenetquote2]
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[usenetquote2]>> How long can one obtain a B-1 for, and is it possible to get subsequent B-1 visas?[/usenetquote2]
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[usenetquote2]>> Can i switch from a J-1 to say a TN-1 or an H1-B (without having to leave the US[/usenetquote2]
[usenetquote2]>> for long, if at all?)[/usenetquote2]
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[usenetquote2]>> Can i switch from a B-1 to a TN-1 or an H1-B (again, without having to leave...)[/usenetquote2]
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[usenetquote2]>> Another option I might have is to work for the CND firm for 1 year + then use an[/usenetquote2]
[usenetquote2]>> L-1, but I'm unclear if i can use this to eventually obtain a permanent visa[/usenetquote2]
On Fri, 18 May 2001 16:26:42 -0700, Sylvia Ottemoeller
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[usenetquote2]>> I'm proposing to open a US office for a Canadian company and it seems the B-1 is[/usenetquote2]
[usenetquote2]>> the best option.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I'm currently working in the US on an 18 month J-1 visa. Canada automatically[/usenetquote2]
[usenetquote2]>> waives the 2 year residency requirement,[/usenetquote2]
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[usenetquote2]>> switch to another visa (or so I've been lead to believe)[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> The questions I have are:[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Can i switch from J-1 to B-1?[/usenetquote2]
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[usenetquote2]>> How long can one obtain a B-1 for, and is it possible to get subsequent B-1 visas?[/usenetquote2]
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[usenetquote2]>> Can i switch from a J-1 to say a TN-1 or an H1-B (without having to leave the US[/usenetquote2]
[usenetquote2]>> for long, if at all?)[/usenetquote2]
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[usenetquote2]>> Can i switch from a B-1 to a TN-1 or an H1-B (again, without having to leave...)[/usenetquote2]
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[usenetquote2]>> Another option I might have is to work for the CND firm for 1 year + then use an[/usenetquote2]
[usenetquote2]>> L-1, but I'm unclear if i can use this to eventually obtain a permanent visa[/usenetquote2]
