H1B Extension after obtaining Canadian citizenship

[SachinShukla]

An Indian person was working on H1B VISA and got approved I-140. Then he moved to Canada and got Canadian Citizen.
Q- Can he come back to the USA on the same H1B extension?
Q- can he continue the same I-140 for green card processing?

 

[lr108]

An Indian person was working on H1B VISA and got approved I-140. Then he moved to Canada and got Canadian Citizen.
Q- Can he come back to the USA on the same H1B extension?
Q- can he continue the same I-140 for green card processing?

I don't think being a Canadian changes anything.

As for H1B, I'm assuming the H1B is expired since he would have been in Canada more than 3 years to get citizenship. Once H1B expires he must start over.

As for I-I40, the question really comes down your LCA. Is he planning to go back in a similar job capacity? If so then he can reuse the same LCA.
The priority date is going to be retained even if you file a new LCA.
There is also a possibility to get green card from outside if he can go back under the same LCA and perhaps even the same employer.

 

[SachinShukla]

I don't think being a Canadian changes anything.

As for H1B, I'm assuming the H1B is expired since he would have been in Canada more than 3 years to get citizenship. Once H1B expires he must start over.

As for I-I40, the question really comes down your LCA. Is he planning to go back in a similar job capacity? If so then he can reuse the same LCA.
The priority date is going to be retained even if you file a new LCA.
There is also a possibility to get green card from outside if he can go back under the same LCA and perhaps even the same employer.

Thank you for your response, however, if His/Her I-140 was approved, can He/She apply for H1B extension? Also if the same person wants to change the Job Role, is it possible or need new LCA?

 

[lr108]

Thank you for your response, however, if His/Her I-140 was approved, can He/She apply for H1B extension? Also if the same person wants to change the Job Role, is it possible or need new LCA?

Extension is applicable only when your visa is active. Is his H1B still not expired? I140 doesnt give a lifetime H1b card. It is useful for folks living g in US on H1B past the 6 years period.

It depends on the job role, if it falls on the same "category" then yes. You'll have to talk with an attorney to find out if it falls in the same category.

 

[SachinShukla]

If H1B expired then and I140 approved can a person apply for transfer and extension without H1B lottery ? Or it has to be applied through fresh H1B process?

 

[lr108]

There are some cases where one doesn't have to go through the lottery. I'm not sure if your friend qualifies for it.
Better check with an immigration consultant or someone here who has experience on this matter could help.

 

[Samoinp]

If H1B expired then and I140 approved can a person apply for transfer and extension without H1B lottery ? Or it has to be applied through fresh H1B process?

It depends if one had any unused time left out in H1B (even if it is expired), if so transfer should be fine and being a Canadian citizen, one wouldn't need a visa stamping (Canada is visa exempt). Just need to go to port of entry with I797.

 

[pulkitkumar190]

So having canadian citizenship, Indian passport holders have to give up indian citizenship, this doesn't affect H1B status?

 

[lr108]

So having canadian citizenship, Indian passport holders have to give up indian citizenship, this doesn't affect H1B status?

Yeah, I'm curious about this as well.

 

[winterisnotcoming]

Same. Found any answer? @pulkitkumar190

Yeah, I'm curious about this as well.