B1 for Canadian

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Old Aug 21st 2010, 11:59 pm
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Default B1 for Canadian with E2

Can anyone advise please.

We are Canadians who own a business in USA under E2 visa. The business is not doing so well with the state of the USA economy and we moved back to Canada. Its being run from our home in Canada and our E2 visa expires in 2012. We have people who are doing our running around in USA. eg collecting mail and paying in checks for us. We go down to do recruitment interviews from time to time,as the nature of our business means that 1099 workers leave and we have a good turnover of workers.

My question is this, when our E2 expires, are we allowed to go down on a B1 visa just do the interviews? We do not get paid by the USA company as its not making any money to do that, just covers advertising expenses but we want to keep it going to sell at some point.

We can prove strong ties to Canada, as we have a house here with mortgage that we are paying, I am in a management position in a well known company here, all our family are in UK, so no Canadian family here.

Thanks in advance, only we do not want to renew E2, 2 reasons, one is it probably won't be considered a strong enough business, and secondly the expense involved in doing it.

Last edited by shelley748; Aug 22nd 2010 at 12:12 am.
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Old Aug 22nd 2010, 12:25 am
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Default Re: B1 for Canadian

Originally Posted by shelley748
... when our E2 expires, are we allowed to go down on a B1 visa just do the interviews?
Maybe... maybe not. You can't work in the US without permission and if the E-2 is expired, then so is your permission. It's unclear whether interviewing for the US business would be considered an allowable activity under the B-1 rules.


... we do not want to renew E2...
Fair enough... it's a tough economy in both countries. Why not just sell the business now and step away from it?

As an aside, before moving to Kentucky (via Halifax)... I lived in Sharbot Lake for 3 years and Kingston for another 10 years.

Ian
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Old Aug 22nd 2010, 3:13 am
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Default Re: B1 for Canadian

Originally Posted by ian-mstm
Maybe... maybe not. You can't work in the US without permission and if the E-2 is expired, then so is your permission. It's unclear whether interviewing for the US business would be considered an allowable activity under the B-1 rules.



Fair enough... it's a tough economy in both countries. Why not just sell the business now and step away from it?

As an aside, before moving to Kentucky (via Halifax)... I lived in Sharbot Lake for 3 years and Kingston for another 10 years.

Ian
Thanks, hopefully one of the immigration lawyers on this forum may be able to shed more light.
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Old Aug 22nd 2010, 2:19 pm
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Default Re: B1 for Canadian

Originally Posted by shelley748
Thanks, hopefully one of the immigration lawyers on this forum may be able to shed more light.
I'm sure they can do that. I know that J Fong, an occasional poster here can be contacted via his web site at www.fongandchun.com.

Good luck.
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Old Aug 22nd 2010, 2:56 pm
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Default Re: B1 for Canadian

Have you spoken to the lawyer who did your E2?
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Old Aug 22nd 2010, 4:44 pm
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Default Re: B1 for Canadian

Originally Posted by Boiler
Have you spoken to the lawyer who did your E2?
no not as yet, that was my next plan.
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