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

[Canda2023]

@harirajmohan @senhari2005 I changed my employer on h1 while outside of states and instead of consular approval, they approved petition, extending my I-94 that still lists my previous country of citizenship and not Canada. Would I get a new I-94 at border or airport with Canada as CoC if I plan to travel with new I-797?

 

[Mum2Can]

H1 has almost all job titles qualified for. No comparison with TN which is very limited to few.

From India to US, while my wife was traveling via Abu Dhabi, the cbp at Abu Dhabi was not ready to issue H4 instead could only issue B. Not sure if it was problem due to that H1 approval we received while on Indian passport but not sure. The officer was pointing out a line in the I797 which i forgot. So last to last time we had to drive to the border and got the I94. So last time i booked the tickets for my family to avoid Abu Dhabi to avoid this issue as they received H4 status without any problem when they cleared immigration directly at US airport. Luckily i am in border city hence its easier but if someone is working at center of US then its going to be difficult to get the status changed. I dont know if the officer is new or thats the process. So its better to avoid preclearance airports outside of Canada.

Thanks for sharing this experience. will try to book air travel whose immigration either in US or Canada to avoid such hustle.

 

[harirajmohan]

@harirajmohan @senhari2005 I changed my employer on h1 while outside of states and instead of consular approval, they approved petition, extending my I-94 that still lists my previous country of citizenship and not Canada. Would I get a new I-94 at border or airport with Canada as CoC if I plan to travel with new I-797?

At one point of time before acquiring Canadian passport, our H1 was always showing Indian citizenship and we still used H1 to enter using Canadian passport.

So there is no difference in what citizenship it shows on I797. H1 approval is tied to you, not to your citizenship.
I94 format has name and citizenship when they issued based on the docs filed with 129. And 129 requires identification document hence they ask for passport detail hence they issue approval with that detail but not tied to citizenship & name combination. So you should be fine to travel using Canadian passport and approved I797(doesnt matter if its consular processing or extended with I94).

All of our extensions were mentioning Indian citizenship. I used the I797 approval of 2020 to reenter US after Canadian citizenship interview, oath & passport application and after receiving passport.

 

[Canda2023]

At one point of time before acquiring Canadian passport, our H1 was always showing Indian citizenship and we still used H1 to enter using Canadian passport.

So there is no difference in what citizenship it shows on I797. H1 approval is tied to you, not to your citizenship.
I94 format has name and citizenship when they issued based on the docs filed with 129. And 129 requires identification document hence they ask for passport detail hence they issue approval with that detail but not tied to citizenship & name combination. So you should be fine to travel using Canadian passport and approved I797(doesnt matter if its consular processing or extended with I94).

All of our extensions were mentioning Indian citizenship. I used the I797 approval of 2020 to reenter US after Canadian citizenship interview, oath & passport application and after receiving passport.

Thank you for your response @harirajmohan. My extension/change of employer petition was filed after I acquired Canadian citizenship. Even though my Canadian passport was provided when the I-129 is filed, since they extended previously issued I-94 the COC has not been updated. Not sure if it would cause any problem when crossing border.

 

[harirajmohan]

Thank you for your response @harirajmohan. My extension/change of employer petition was filed after I acquired Canadian citizenship. Even though my Canadian passport was provided when the I-129 is filed, since they extended previously issued I-94 the COC has not been updated. Not sure if it would cause any problem when crossing border.

Not sure if the lawyer kept the right passport copy or they just used the old passport copy while filing 129. Either way, you are fine.

 

[Canda2023]

Not sure if the lawyer kept the right passport copy or they just used the old passport copy while filing 129. Either way, you are fine.

Thanks again @harirajmohan. One last question- did you ever have an h1 extension filed (after acquiring Canadian citizenship) which still listed your previous country of citizenship in the I-94 section of approval notice and were able to travel or get a new I-94 at the border?

 

[harirajmohan]

Thanks again @harirajmohan. One last question- did you ever have an h1 extension filed (after acquiring Canadian citizenship) which still listed your previous country of citizenship in the I-94 section of approval notice and were able to travel or get a new I-94 at the border?

I still doubt that uscis did any mistake except that your lawyer should have done the mistake keeping the previous Indian passport while filing 129.
For your question, my lawyer didnt as i told them to use the new passport and luckily didnt do any mistake.
So no idea about your case. I dont see an issue. Just ask your immigration team on it as they should be guide you as they are paid by your company.

We all want 100% clearance on everything which we dont get. Consult your company lawyer as they only complicated it. And then travel. I dont see any reason for any issue at border 100%.
Till you travel you are going to have this doubt but cant help much. Sometimes, you just need to trust the system of visa waived rule(on Canadian passport) and just travel without much worrying about it as you cannot change anything right now.

I still dont see any reason to worry about this. Same will be told by your lawyer too,. Or ask some other lawyer other than yours to verify your lawyer's response.

People have multiple passports and US allows multiple passports hence they really dont care which passport you used for uscis and which passport you use for entering US. All they care about is that if you have visa or visa waived passport to seek entry.

Your extension and all of our extensions filed with indian passport just before oath is same. Did anyone had issue or cbp is interested in verifying what passport we filed or why we carry canadian passport or cbp knows when we took oath in canada? No. They really dont care. All they need is stamped visa on non-canadian passport or Canadian passport along with I797.

 

[shellyhanda]

At one point of time before acquiring Canadian passport, our H1 was always showing Indian citizenship and we still used H1 to enter using Canadian passport.

So there is no difference in what citizenship it shows on I797. H1 approval is tied to you, not to your citizenship.
I94 format has name and citizenship when they issued based on the docs filed with 129. And 129 requires identification document hence they ask for passport detail hence they issue approval with that detail but not tied to citizenship & name combination. So you should be fine to travel using Canadian passport and approved I797(doesnt matter if its consular processing or extended with I94).

All of our extensions were mentioning Indian citizenship. I used the I797 approval of 2020 to reenter US after Canadian citizenship interview, oath & passport application and after receiving passport.

@harirajmohan Thanks for your valuable inputs, appreciate them. My question is if the person has approved I797 + Canadian passport + Cancelled Indian passport along with approved I-140 then what would you suggest that I-140 copy should be shown at POE or not.
Will CBP ask any question on I-140 as H4 Spouse would also be travelling along?
Do you see any issue crossing the US border for person having I-140 approved. Please suggest.

 

[harirajmohan]

@harirajmohan Thanks for your valuable inputs, appreciate them. My question is if the person has approved I797 + Canadian passport + Cancelled Indian passport along with approved I-140 then what would you suggest that I-140 copy should be shown at POE or not.
Will CBP ask any question on I-140 as H4 Spouse would also be travelling along?
Do you see any issue crossing the US border for person having I-140 approved. Please suggest.

Its same answer like for H1. Your current new country passport is not invalidating any of your previous immigration documents as its not tied to your citizenship.
I havent heard cbp asks for 140 but still the answer is same as above.

There is no difference in eligibility to enter US, pre or post Canadian passport. All are same except that H1 or H4 would use new country passport to travel and seek H status at port of entry. All immigration documents are same as before.

H4 can travel alone, doesnt need to be traveling along/alone. I am not sure what you meant but answer is same. The rules are same as before.
To avoid issues, H1 should be either traveling along or inside US while H4 travels. Again this is not nothing to do with which passport you hold.

I am not sure if you meant about H4 having 140 approved travelling? I assume this question is not something related to new passport. I dont see any issue. There is no eligibility issue for H clashing with 140 as H is dual intent.

 

[shellyhanda]

Its same answer like for H1. Your current new country passport is not invalidating any of your previous immigration documents as its not tied to your citizenship.
I havent heard cbp asks for 140 but still the answer is same as above.

There is no difference in eligibility to enter US, pre or post Canadian passport. All are same except that H1 or H4 would use new country passport to travel and seek H status at port of entry. All immigration documents are same as before.

H4 can travel alone, doesnt need to be traveling along/alone. I am not sure what you meant but answer is same. The rules are same as before.
To avoid issues, H1 should be either traveling along or inside US while H4 travels. Again this is not nothing to do with which passport you hold.

I am not sure if you meant about H4 having 140 approved travelling? I assume this question is not something related to new passport. I dont see any issue. There is no eligibility issue for H clashing with 140 as H is dual intent.

@harirajmohan Thanks for the reply ! sorry for causing confusion on I-140, Actualy I hold H1 with I140 approved and spouse on H4 only. My next question is when shall H4 EAD be applied to USCIS. Shall I cross the border reach USA then apply or shall I submit H4 EAD application while living in Canada with Canadian passport? My concern is if H4 EAD is applied before crossing the border the officer can cause issue. Please suggest

Another question is I797 is issued in my name as my company doesn't provide I797 for spouse in that case if H4 has to travel daily from USA to Canada to his Canada workplace with his Canadian passport along with I797 (on my name) . How challenging it is going to be while entering back in US everyday for H4? Please suggest what should be done

Also do you think Nexus card can help on H4's daily travel from US to Canada and coming back home in US again?

 

[harirajmohan]

@harirajmohan Thanks for the reply ! sorry for causing confusion on I-140, Actualy I hold H1 with I140 approved and spouse on H4 only. My next question is when shall H4 EAD be applied to USCIS. Shall I cross the border reach USA then apply or shall I submit H4 EAD application while living in Canada with Canadian passport? My concern is if H4 EAD is applied before crossing the border the officer can cause issue. Please suggest

Another question is I797 is issued in my name as my company doesn't provide I797 for spouse in that case if H4 has to travel daily from USA to Canada to his Canada workplace with his Canadian passport along with I797 (on my name) . How challenging it is going to be while entering back in US everyday for H4? Please suggest what should be done

Also do you think Nexus card can help on H4's daily travel from US to Canada and coming back home in US again?

Staying outside of US doesnt qualify for being a dependent of principal applicant as there is no necessity for it(since principal and/or dependent stays outside of US).
So it will be problem to cross border on H4 as a daily/frequent commute(irrelevant of H4 trying to work or not).
We cannot have everything - Canadian GC, H4 EAD, Second Income etc etc.

Some might argue on this eligibility of H4EAD and might give example of some travelled few times but its you who is going to risk all of it and jeopardize the entry into US. Not every officer will be willing to allow H4 on this situation.

Trying to make use of H4EAD shouldnt come at the cost of getting banned for years which gives greater effect than giving up on some income for few years.

Its up to you. Consult lawyer and decide, not just based on some forum members brave posts. Its you who encounter border officer who is going to admit H4 based on the law he/she knows/interprets.

I would never risk which is my opinion.

------------------------------------------------------
Definition: H-4 status allows dependents to travel to the United States to accompany or reunite with the primary visa holder.

Who qualifies for an H4 EAD?
To be eligible for an H-4 EAD, an individual must meet the following criteria:

1. Be the spouse of an H-1B nonimmigrant who is the principal beneficiary of an approved Form I-140 (immigrant petition for alien worker) ;
2. Be in H-4 nonimmigrant status; and
3. Not have any other work authorization in the US

 

[shellyhanda]

Staying outside of US doesnt qualify for being a dependent of principal applicant as there is no necessity for it(since principal and/or dependent stays outside of US).
So it will be problem to cross border on H4 as a daily/frequent commute(irrelevant of H4 trying to work or not).
We cannot have everything - Canadian GC, H4 EAD, Second Income etc etc.

Some might argue on this eligibility of H4EAD and might give example of some travelled few times but its you who is going to risk all of it and jeopardize the entry into US. Not every officer will be willing to allow H4 on this situation.

Trying to make use of H4EAD shouldnt come at the cost of getting banned for years which gives greater effect than giving up on some income for few years.

Its up to you. Consult lawyer and decide, not just based on some forum members brave posts. Its you who encounter border officer who is going to admit H4 based on the law he/she knows/interprets.

I would never risk which is my opinion.

------------------------------------------------------
Definition: H-4 status allows dependents to travel to the United States to accompany or reunite with the primary visa holder.

Who qualifies for an H4 EAD?
To be eligible for an H-4 EAD, an individual must meet the following criteria:

1. Be the spouse of an H-1B nonimmigrant who is the principal beneficiary of an approved Form I-140 (immigrant petition for alien worker) ;
2. Be in H-4 nonimmigrant status; and
3. Not have any other work authorization in the US

@harirajmohan Thanks for the reply ! my previous question was for the scenario when both H1 & H4 both being Canadian citizens staying in US together and H4 traveling from US to Canada daily, but I agree with you it is risky and H4 would be on the mercy of the CBP officer to alllow him to return to US.

 

[starboy09]

Staying outside of US doesnt qualify for being a dependent of principal applicant as there is no necessity for it(since principal and/or dependent stays outside of US).
So it will be problem to cross border on H4 as a daily/frequent commute(irrelevant of H4 trying to work or not).
We cannot have everything - Canadian GC, H4 EAD, Second Income etc etc.

Some might argue on this eligibility of H4EAD and might give example of some travelled few times but its you who is going to risk all of it and jeopardize the entry into US. Not every officer will be willing to allow H4 on this situation.

Trying to make use of H4EAD shouldnt come at the cost of getting banned for years which gives greater effect than giving up on some income for few years.

Its up to you. Consult lawyer and decide, not just based on some forum members brave posts. Its you who encounter border officer who is going to admit H4 based on the law he/she knows/interprets.

I would never risk which is my opinion.

------------------------------------------------------
Definition: H-4 status allows dependents to travel to the United States to accompany or reunite with the primary visa holder.

Who qualifies for an H4 EAD?
To be eligible for an H-4 EAD, an individual must meet the following criteria:

1. Be the spouse of an H-1B nonimmigrant who is the principal beneficiary of an approved Form I-140 (immigrant petition for alien worker) ;
2. Be in H-4 nonimmigrant status; and
3. Not have any other work authorization in the US

Hi I recently travelled from Canada to US via Toronto Airport PoE after completing my Oath and getting Canadian Passport. Officer was so confused when I presented my Canadian Passport instead of Indian Passport along with H1 I797 that how to process my entry. On presenting my Indian passport only, she gave me the entry and my latest I94 is showing Indian citizen only. She said you can corrected this with USCIS without giving me information on how and where.

Now, I have travel back to Canada again next month, I am not sure what should be my course of action as I have to surrender my Indian passport also. Any advise on my course of action. Also, Shall I not surrender my Indian Passport until next travel. I have another travel in April also. Plz advise.

 

[harirajmohan]

Hi I recently travelled from Canada to US via Toronto Airport PoE after completing my Oath and getting Canadian Passport. Officer was so confused when I presented my Canadian Passport instead of Indian Passport along with H1 I797 that how to process my entry. On presenting my Indian passport only, she gave me the entry and my latest I94 is showing Indian citizen only. She said you can corrected this with USCIS without giving me information on how and where.

Now, I have travel back to Canada again next month, I am not sure what should be my course of action as I have to surrender my Indian passport also. Any advise on my course of action. Also, Shall I not surrender my Indian Passport until next travel. I have another travel in April also. Plz advise.

Officer doesnt know. Not all are well versed. You should be fine next time. I have travelled multiple times (of course with previously approved I797 while having Indian passport). Worst case, they will send you to secondary which is nothing but the officer couldnt know how to handle or got confused without any reason and you would get H status without any issues.
Few officers dont even know how to handle AVR and will send the candidates to secondary. So its normal.
Its same as like how some flight attendants will give us trouble while flying from Canada to US with expired visa while having valid extended I94.
Last time when my wife was traveling via Abudhabi, the officer was not even ready to issue H4 status instead he says that she has to get it only while coming from Canada to US. This is how some officers dont know the rules and adjudicate the application/poe with their own assumptions/inexperience.

Proceed with your Indian passport surrender as we need to avoid traveling with it to avoid issues getting oci.

 

[perfectBush]

@harirajmohan : Your responses is really helpful in this forum. Can you please help me with below questions

Regarding H1B visa holder travelling back to US based on Canadian Passport+ I797 will help to get I94 based on Candian Passport.

1. Does process will be same (CAN Passport + Primary Applicant I797 Approval Notice) for spouse who holds H4 Visa and now Canadian Citizenship?
2. In future, to get H1 extension (intend to get US GC) does Canadian passport holders need to get H1-B stamp on CAN passport or US entry will get based on I797 approval notice only. TN visa option is there but it doesn't allow GC path, hence exploring H1-B path (considering current EB2/EB3 wait time going to TN visa and change to H1-B later stage is also option )

Hi @Mum2Can, I am also in the same situation. We will be getting H1B visa for myself and H4 for my family members on Indian passports before we could get the Canadian Citizenship which is in process now. if you already travelled to the US, alone or with family, could you please share your experience and how the process was with H4 dependents? Did your dependents get H4 approval doc from the USCIS or you directly applied for H4 visa at the US consulate in Canada?

Thanks