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

[harirajmohan]

One should not and cannot use Indian passport once Canadian citizenship has been granted. India does not allow dual citizenship.

Does it mean that i take oath today and stopped crossing the border to work using existing Indian passport? No, how one can travel without another passport.
The rule is to turn over the citizenship or stop using the Indian passport soon. If one uses indian passport even after acquiring other passport, one is fined for each usage. And there is no crime to use it except the fact that one gets into fines.

Can you please let me know how did you enter USA on H1B after acquiring Canadian citizenship ?

As far as US side is concerned, there wont be any difference except the fact that you dont need h1 visa to seek entry. You just need rest of the documents. When asked you can specify that you are citizen of both countries till you renounce the other.

 

[dbss]

No, how one can travel without another passport.

You can get an emergency Cdn passport made in a day which will be much cheaper than getting into the fines. If one is ok to pay the fines, that's a choice as well.

 

[sainswapna]

You can get an emergency Cdn passport made in a day which will be much cheaper than getting into the fines. If one is ok to pay the fines, that's a choice as well.

There is no fine (up to three months) traveling on Indian passport while waiting for a new Canadian passport. Once one acquires Canada passport they should not use Indian passport. 3 months grace period provision is out of the window.

 

[dbss]

There is a fine according to High Commission of India in Ottawa after acquiring citizenship, not passport unless there is conflicting information online. Penalty of C$ 343 + for each travel on Indian passport with maximum of C$ 1711 + C$ 3. The only technicality can be that it says to visit India - not other countries.

If the Indian passport has not been cancelled for more than 3 years, or if it had been utilized to visit India, or any other consular service was obtained after acquiring foreign nationality, a PENALTY would be charged.

https://www.hciottawa.gov.in/pages?id=4&subid=37

 

[sainswapna]

https://www.cgitoronto.gov.in/eoi.php?id=surrender_certificate
Under Indian law, Persons of Indian Origin (PIOs), who have acquired foreign citizenship are required to surrender their Indian passports to the nearest Indian Mission/Post immediately after acquisition of foreign citizenship.
Even after acquiring the Canadian citizenship, the Indian passport can be used to travel for 3 months from the day of getting the Canadian citizenship. The grace period is only for such cases where foreign citizenship has been acquired but a foreign passport is not available to the person. It is also mentioned that it is illegal to travel on an Indian passport, where a person has obtained a foreign passport.

From External affairs website:
https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005
A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.

There is no penalty (3 months condition and/or after acquiring a foreign passport) and no restrictions on visiting other countries. Just make sure you don't use it after acquiring a foreign passport.

 

[letstry21]

Not sure if anyone has any experience to share on this topic.
I want to share conversation i had with CBP official on land border , he told me i can carry both passports (Indian and Canadian) , and they will put i94 on my new passport , and use Indian passport for Visa , now even if one renounces Indian citizenship passport will be marked cancelled and returned to you but visa will still be there which is valid isnt it?
Do you think he is right? I would like to hear experiences on it as my main concern is for my wife who is not Canadian PR and has dependent visa based on my L1 visa.
I am hoping to get Oath invite soon so planning out if i should go TN visa(and get TD visa for my wife) or use my L1 till it expires , as per my company lawyer i can use L1 visa on Indian passport ...

 

[jwmcgill]

I just discovered this thread. Very informative. @letstry21 - could you please share updates if you have any? I am in similar situation with Valid H1B stamp (expires in January 2022) on Indian passport. I would appreciate if someone can share their experience passing through land border on new Canadian passport and I-797. I had my oath ceremony two days ago on August 13 and expecting to get citizenship certificate in 2-4 weeks. And passport by mid October. I will try to consult immigration lawyer and share info here. But meanwhile, please let us know if anyone had first hand experience with such situation. I don't have any plans and most likely I won't be required to cross the border to US at least for another 3-4 months.

 

[canvisa13]

As far as I know for Canadian passport holder don't need to go for H1b stamping. You just need the I797 and Canadian passport and you are good to enter at POE.

Please do confirm.

True, only if I-797 is issued with Canadian passport.

 

[harirajmohan]

True, only if I-797 is issued with Canadian passport.

Its not true. Passport copy included in 129 form is for identification of foreign worker, nothing more. I797 is not issued based on passport number or passport country. Travelling with I797 and Canadian passport will not have any problem.
Last year, my colleague used recently received first canadian passport and previously approved i797 - no issues in crossing the border.

 

[canvisa13]

Its not true. Passport copy included in 129 form is for identification of foreign worker, nothing more. I797 is not issued based on passport number or passport country. Travelling with I797 and Canadian passport will not have any problem.
Last year, my colleague used recently received first canadian passport and previously approved i797 - no issues in crossing the border.

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!

 

[Kittyz]

I just discovered this thread. Very informative. @letstry21 - could you please share updates if you have any? I am in similar situation with Valid H1B stamp (expires in January 2022) on Indian passport. I would appreciate if someone can share their experience passing through land border on new Canadian passport and I-797. I had my oath ceremony two days ago on August 13 and expecting to get citizenship certificate in 2-4 weeks. And passport by mid October. I will try to consult immigration lawyer and share info here. But meanwhile, please let us know if anyone had first hand experience with such situation. I don't have any plans and most likely I won't be required to cross the border to US at least for another 3-4 months.

Hi

I am in similar situation, will have oath soon, in US on L1 now with Indian passport. Could you pls share your exp and the process involved?

After completing Oath, I am thinking to come back to US and apply new Canadian Passport from US. Any advise? Will there be any issue taking flight from Canada to US?

Please share your exp.

Thanks

 

[vinayreddy]

Hi

I am in similar situation, will have oath soon, in US on L1 now with Indian passport. Could you pls share your exp and the process involved?

After completing Oath, I am thinking to come back to US and apply new Canadian Passport from US. Any advise? Will there be any issue taking flight from Canada to US?

Please share your exp.

Thanks

hi , have you transferred your L1B visa / I-94 to Canadian passport from Indian passport? also what is the process to renounce indian passport in USA?

 

[harirajmohan]

hi , have you transferred your L1B visa / I-94 to Canadian passport from Indian passport?
also what is the process to renounce indian passport in USA?

There is no transfer needed. Just carry both old and new passport just like you did earlier.
Certainly you cant transfer visa since you now hold a passport which doesnt require a visa to enter US.

Check in local embassy website.

 

[thedippaar]

Hi

I am in similar situation, will have oath soon, in US on L1 now with Indian passport. Could you pls share your exp and the process involved?

After completing Oath, I am thinking to come back to US and apply new Canadian Passport from US. Any advise? Will there be any issue taking flight from Canada to US?

Please share your exp.

Thanks

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.

 

[rkkp]

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.

what did you end up doing?