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Listserv Q&A for
"Whats New In Consular Processing: NIVs, IVs And Waivers"

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Are Canadian posts ok with B-2's changing status to L-1's (or is it the same as the B-2's changing status to H1B) ?

Answer by Jan Pederson:

They are extremely reasonable and whether they would entertain a case would depend on the purpose of the B-2 entry and the reason the transferor company abroad decided while the applicant was in the U.S. on a B-2, to make a transfer. There would be suspicions raised if a straight tourist. Perhaps the applicant was actually admitted on a B-1 to set up the L-1 entity or in some other capacity with the transferor company. That would be okay.

Answer by Silvia Graves:

It is the same. Ottawa has specifically stated that they will not entertain B1 or B2 changes of status, unless the applicant is Canadian of course. However, in my experience, Consulates in Toronto and the US Embassy in Ottawa may issue a nonimmigrant visa, with a change of status from B to H or L on a case by case basis. You may send a fax to the NIV Section in any of the Canadian posts and ask the NIV Chief if he or she will accept your case. The consuls will respond by telephone, fax or email.

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