Transfer US H1B Visa to Canadian Passport or to surrender my Indian citiziten

[rv85]

Hi - did you apply passport from Canada or flew back to USA and applied for Canadian PP from within USA?
Can you share your experience pls. I'm on H1 with my Indian PP, currently using AVR. Have oath ceremony in 2 weeks. Need suggestions pls.

Hello - Is there further insight on this or gone through the situation. My oath is coming soon and i am looking for what are the options. Much appreciated response and feedback here.

 

[harirajmohan]

Hello - Is there further insight on this or gone through the situation. My oath is coming soon and i am looking for what are the options. Much appreciated response and feedback here.

Just return back as usual with your current passport and visa. if asked just tell you finished oath and returning. Your oath taking is not having any impact on avr.

US entry visa waiver will be based on the passport you use. If you use non-canadian passport then you need visa which you already have as you are already in US. So this trip wont be different than your earlier trip from Canada to US.

I travelled twice(for oath and for applying passport for family). Yet to apply for my canadian passport for which i will again go to Canada after 2-3 months during which i will still be using Indian passport only till i receive the passport(which will be mailed to US).

 

[rv85]

Just return back as usual with your current passport and visa. if asked just tell you finished oath and returning. Your oath taking is not having any impact on avr.

US entry visa waiver will be based on the passport you use. If you use non-canadian passport then you need visa which you already have as you are already in US. So this trip wont be different than your earlier trip from Canada to US.

I travelled twice(for oath and for applying passport for family). Yet to apply for my canadian passport for which i will again go to Canada after 2-3 months during which i will still be using Indian passport only till i receive the passport(which will be mailed to US).

Thanks for the valuable information!! I am planning to get my oath done and get passports as well while in Canada. Do you know what would be process of travelling back to USA still wanna land as H1B in country but now having Canadian passport.

 

[harirajmohan]

Thanks for the valuable information!! I am planning to get my oath done and get passports as well while in Canada. Do you know what would be process of travelling back to USA still wanna land as H1B in country but now having Canadian passport.

There shouldnt be any difference between your previous entry and now except that canadian passport doesnt require visa.
All H1 related documents and proof of employment should be with you irrelevant of what passport you use to enter US. Nothing changes on the document you use to seek admission.
Visa stamp just helps reach the border officer at port. All passports are same from that point.

 

[iceman55]

There shouldnt be any difference between your previous entry and now except that canadian passport doesnt require visa.
All H1 related documents and proof of employment should be with you irrelevant of what passport you use to enter US. Nothing changes on the document you use to seek admission.
Visa stamp just helps reach the border officer at port. All passports are same from that point.

Is it correct that either of these combinations are valid for this scenario and can be used on its own merit -

1. Valid Canadian Passport + I 797
2. Valid Non-Canadian Passport + Consular Stamp + I 797

 

[harirajmohan]

Is it correct that either of these combinations are valid for this scenario and can be used on its own merit -

1. Valid Canadian Passport + I 797
2. Valid Non-Canadian Passport + Consular Stamp + I 797

With canadian passport i think more documents to be taken(the same documents we take while we go to consulate). Some officers will vet with asking basic eligibility requirements such as education, job etc before issuing status even if one was already earlier on H1.
Take all H1 documents, not just I797 and all documents which we take during visa interview.
Even though we avoid stamping, but there is burden of carrying lot of documents.
https://redbus2us.com/h1b-visa-port-of-entry-documents/
https://www.bu.edu/isso/travel-visas/apply-for-a-visa/initial-visa-application/h1-visa/

 

[Mexontario]

My question is:

I am Canadian Citizen now n before i was a Indian Citizen n work US n commute weekday on H1B. Now getting my Canadian Citizenship i have to surrender my Indian passport, but i have a work visa on it for good 2.5 years. Please suggest me, what are my options?

Thanks in Advance.

I was in the same situation as you. Nothing changes w.r.to ur US H1B. When you obtain your Canadian passport, show it at the border and request for new i94 showing the 797 for H1B. They will migrate all your data and you can continue the routine. Dont worry too much!

 

[iceman55]

With canadian passport i think more documents to be taken(the same documents we take while we go to consulate). Some officers will vet with asking basic eligibility requirements such as education, job etc before issuing status even if one was already earlier on H1.
Take all H1 documents, not just I797 and all documents which we take during visa interview.
Even though we avoid stamping, but there is burden of carrying lot of documents.
https://redbus2us.com/h1b-visa-port-of-entry-documents/
https://www.bu.edu/isso/travel-visas/apply-for-a-visa/initial-visa-application/h1-visa/

Got it. Essentially, with a Canadian passport, the CBP official is also performing an added role of adjudicating on the spot (similar to a TN). If you already have a stamp, they don't have that burden of extra vetting.

 

[harirajmohan]

Got it. Essentially, with a Canadian passport, the CBP official is also performing an added role of adjudicating on the spot (similar to a TN). If you already have a stamp, they don't have that burden of extra vetting.

Correct. cbp needs to do consulate's duty unfortunately but in this case its usually less/minimal than the consulate.
Its even less than TN(without uscis approval). With I797 approval cbp questions less.

 

[rv85]

I was in the same situation as you. Nothing changes w.r.to ur US H1B. When you obtain your Canadian passport, show it at the border and request for new i94 showing the 797 for H1B. They will migrate all your data and you can continue the routine. Dont worry too much!

Is it the same rule either going through land boarder and air travel. I am planning to take flight and just want to know if its same situation and i can just get through new Canadian passport and show I797 (which was tagged with Indian passport)

 

[rv85]

Ok. Thanks for the info.

Update:

Just checked with one of my friend who travels via Tunnel for work. He became citizen last year, and he was not allowed to travel until the visa was transferred to new passport. and also he had to update the Nexus with new passport and new i-797. Not sure it was because of Nexus or new Canadian passport.

Hope, someone will find alternate and correct process. Good luck!

This seems be confusing, were you able to sort it out and get to know correct step/information?

 

[Mexontario]

Is it the same rule either going through land boarder and air travel. I am planning to take flight and just want to know if its same situation and i can just get through new Canadian passport and show I797 (which was tagged with Indian passport)

Its the same rule. Just show your I-797. I would recommend NOT to produce Indian passport as that would create confusion to the officer. As a Canadian passport holder, you do not need a visa to enter the USA. CBP will issue a new i94 based on your 797 and Canadian Passport. If you produce Indian passport to show Visa, they may issue i94 based on Indian passport which is technically invalid after obtaining Canadian citizenship.

 

[AmythToronto]

Hi Folks,

This particular topic in the forum has been very informative and helpful so far. Thank you so much for it.

If you all can shed some light on my situation, that would be really appreciated:

I'm a PR of Canada(living and working in Canada) and have just passed the Canada citizenship test today. I had worked on H1B before in the US. I've a job offer from an U.S employer who sponsored my H1B and I had received my I-797 approval a few months back. I've sent my Indian passport last week to Ottawa US consulate for a H1B stamp in order to start working in U.S from September.

Scenario 1: If I get my oath invite and citizenship ceremony in the next few WEEKS and get my Canada passport. What is the best process I should use to enter U.S with Canada passport as my Indian passport with H1B would have to be surrender once I receive Canada passport? As the employer filed the H1B petition with Indian passport details so if I present just the Canada passport and I-797 to the CBP officer, he/she/they may see that I didn't enter with H1B stamp on India passport before, will this be an issue? Do you guys still recommend to show Canada passport and I-797 but have all the H1B paperwork including I-129 with me? This is a tricky situation as I've to surrender my Indian passport as soon as I get the Canada passport.

Scenario 2: If I get my oath invite and citizenship ceremony in the next few MONTHS and get my Canada passport. In this case I can enter with Indian passport now and start working on H1B then for oath ceremony I can come back to Canada to take citizenship certificate and Canada passport. In such case I can surrender my India passport in Canada; CBP/USCIS office still has my previous record of entry (I-94) of H1B on Indian passport. Even if I enter US later on Canada passport they(CBP) can see my previous entry and issue a new I-94 for Canada passport. I see this is a safer passage/option.

What scenario do you guys recommend? What are the risks involved?

I look forward to your advice and recommendations.

 

[Mexontario]

Hi Folks,

This particular topic in the forum has been very informative and helpful so far. Thank you so much for it.

If you all can shed some light on my situation, that would be really appreciated:

I'm a PR of Canada(living and working in Canada) and have just passed the Canada citizenship test today. I had worked on H1B before in the US. I've a job offer from an U.S employer who sponsored my H1B and I had received my I-797 approval a few months back. I've sent my Indian passport last week to Ottawa US consulate for a H1B stamp in order to start working in U.S from September.

Scenario 1: If I get my oath invite and citizenship ceremony in the next few WEEKS and get my Canada passport. What is the best process I should use to enter U.S with Canada passport as my Indian passport with H1B would have to be surrender once I receive Canada passport? As the employer filed the H1B petition with Indian passport details so if I present just the Canada passport and I-797 to the CBP officer, he/she/they may see that I didn't enter with H1B stamp on India passport before, will this be an issue? Do you guys still recommend to show Canada passport and I-797 but have all the H1B paperwork including I-129 with me? This is a tricky situation as I've to surrender my Indian passport as soon as I get the Canada passport.

Scenario 2: If I get my oath invite and citizenship ceremony in the next few MONTHS and get my Canada passport. In this case I can enter with Indian passport now and start working on H1B then for oath ceremony I can come back to Canada to take citizenship certificate and Canada passport. In such case I can surrender my India passport in Canada; CBP/USCIS office still has my previous record of entry (I-94) of H1B on Indian passport. Even if I enter US later on Canada passport they(CBP) can see my previous entry and issue a new I-94 for Canada passport. I see this is a safer passage/option.

What scenario do you guys recommend? What are the risks involved?

I look forward to your advice and recommendations.

Scenario 1: You can enter with Canadian passport and I-797 without any visa. I wud say this wud be ur best bet. Forget about consulate and the passport ur employer used for H1B petition. Carry ur Indian passport just in case for entry. But that should not be a problem had u changed ur passport. Explain to the cbp officer that you have recently obtained Canadian passport and have to surrender indian passport.

Scenario 2: No issue at all. Take ur Canadian passport after u get it and use it, But u may have to go to secondary and get a new i94 after changing citizenship.

 

[svk1520]

Scenario 1: You can enter with Canadian passport and I-797 without any visa. I wud say this wud be ur best bet. Forget about consulate and the passport ur employer used for H1B petition. Carry ur Indian passport just in case for entry. But that should not be a problem had u changed ur passport. Explain to the cbp officer that you have recently obtained Canadian passport and have to surrender indian passport.

Scenario 2: No issue at all. Take ur Canadian passport after u get it and use it, But u may have to go to secondary and get a new i94 after changing citizenship.

Hi @Mexontario and @harirajmohan can you please advise what to do if we received the Canadian passport in US - i.e. entered US after oath in Indian passport and applied passport from US. Then received the Canadian passport in US. Does it need amendment filing for L1A or H1B? Did anyone face this issue