Ironbruu

Hi, I’m a new TN Visa holder from canada (2 months) What is the process of getting it transferred to a E-1? Is it simple a case of first getting the LLC created in the USA state I’m in ?

S Folinsky

Hmm. I find your inquiry to be quite puzzling. I read your other posts. You have demonstrated an ability to misinterpret information or to extrapolate non-existent conclusions.

“It is a puzzlement.” Richard Rogers

Ironbruu

wtf ? How kind of you to say !!
​​​​​​
‘An Ego trip , a journey to nowhere’ - Robert Half

S Folinsky

You are very welcome. That said, I would not have described you as being on an ego trip.

I am a firm believer in the rubric that there is no such thing a dumb question. That said, a parable of four different questioners is recited every year at Jewish Passover Seder. I find this article to be of interest.

Good luck and take care.

Ironbruu

dude go out a take a leisurely walk and breathe in some fresh air. Sounds like you need it

S Folinsky

OK. I just finished my daily walk.

I still find your questions puzzling. For example, do you realize that the wording of your question suggests that the qualifying trade has yet to start? You don’t say which treaty you would be applying under - Canada or UK? There are some differences.

I really think that legal consultation is in order. You seek to enter one of the more complicated areas of immigration law.

Ironbruu

anyway managed to get so more info so it’s a E-2 I would need to create and start the process and petition once a LLC is created

Ironbruu

Why would anyone be on a TN visa if they are from uk ?????

tht

people can have multiple citizenships….

Ironbruu

the TN Visa is for Canadians or Mexicans . Nothing do with uk. I’ve already said aswell as the subject line of thread and the op.

tht

your subject say TN to E1. As a Canadian you can apply for TN, but not a E1. But as a British Citizen you could apply for the E1…

https://travel.state.gov/content/tra...es/treaty.html

shiversaint

Agreed, a puzzling question, and also kind of difficult to see the point in this case.

Regardless, you are generally able to hold two different, valid non-immigrant visas at the same time. Again in general (emphasis here on "in general"), one does not have a bearing on the other unless one requires an activity that the other expressly disallows or something like that. The idea of "transferring" is not really a thing.

As usual, more context is needed to give you any advice, but I think doing some more research is probably in order too, so you can ask a more specific question.

S Folinsky

Yes, a nearly 40 year old case on dual nationals is Matter of Ognibene (case predates FTA with Canada). Also, the way his question is drawn up implies a belief that he need only register a LLC to start an E application. OP really needs competent legal advice.

jkeller

I am not a lawyer, but I really do enjoy reading the legal decisions you link Mr Folinsky , thank you.