L1 Visa on Indian Passport After Canadian Citizenship

[letstry21]

Hi,

I have read few threads on L1 or H1B visa on Indian passport ,and after Canadian Citizenship on this forum and was not able to get answer from someone's experience.

So posting my question , I have L1B visa on my Indian passport which is valid till next year.I got oath invite for 31-Jan and hopefully i will be getting Canadian passport by 10th Feb or so.

Now i want to know someone who has gone thru similar scenario and option which was available for them ,as i was going thru CBP website

My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?

No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country. When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.

But as per my discussion with CBP officer ,I can carry both passports to border and they will issue new i94 based on my Canadian passport but since their website mention that passport should be from same country then that thing doesnt seem to possible.

What are my options

1) Apply for TN visa as soon as I get my Canadian passport?
2) Transfer of L1 visa from Indian passport to Canadian passport?( Not sure if its possible or not)

Regards,

 

[devindia]

I'm in same situation and traveling US Monday to Thu from last 3 years on L1. Visa got extended and still valid till 2022. I'm planning to contact my employer attorney and let them know the situation. Please let me know if you find anything helpful.

 

[letstry21]

I'm in same situation and traveling US Monday to Thu from last 3 years on L1. Visa got extended and still valid till 2022. I'm planning to contact my employer attorney and let them know the situation. Please let me know if you find anything helpful.

I will be talking to company Attorney and will be crossing border by 10-Feb with new passport ,I will post my findings then ,my main concern is CBP at airport as based on my experience land crossing is much more smoother than airport

 

[devindia]

Hi as per my attorney
Once you surrender your Indian passport, you will produce a copy of the form I-129S and your Canadian passport to be admitted into the U.S. in L-1 Status. As a Canadian National you will no longer require the L-1 visa in your passport as Canadians are visa exempt.

I have nexus and before entering US I try to get things sorted out with nexus update for new passport.

 

[mandhaata]

Hi as per my attorney
Once you surrender your Indian passport, you will produce a copy of the form I-129S and your Canadian passport to be admitted into the U.S. in L-1 Status. As a Canadian National you will no longer require the L-1 visa in your passport as Canadians are visa exempt.

I have nexus and before entering US I try to get things sorted out with nexus update for new passport.

Did you use the same approach as in I-129 S form and Canadian Passport to enter into US?
Or did you end up needing a TN visa?

I am in the same boat and will need guidance.
Thanks in advance.

 

[canvisa13]

Canadians are exempt from visitor visa only. If you want to work in US then you need either L1, H1B (or) T Visa.

Edit:
Just spoke to a friend who did this. He said, he carried both old and new Canada passports every day until the visa is transferred to his new passport. Good luck. (Windsor border)

Hi as per my attorney
Once you surrender your Indian passport, you will produce a copy of the form I-129S and your Canadian passport to be admitted into the U.S. in L-1 Status. As a Canadian National you will no longer require the L-1 visa in your passport as Canadians are visa exempt.

I have nexus and before entering US I try to get things sorted out with nexus update for new passport.

 

[Mexontario]

Canadians are exempt from visitor visa only. If you want to work in US then you need either L1, H1B (or) T Visa.

Edit:
Just spoke to a friend who did this. He said, he carried both old and new Canada passports every day until the visa is transferred to his new passport. Good luck. (Windsor border)

Not a True statement. You probably are confused between status and physical stamp on visa. A person who's visa is expired can stay inside US as long as his extension of status petition is filed with USICS. Canadians do NOT, I repeat, do NOT need a physical stamp to travel to US. They however, need a valid status approved from USCIS (Except visitor status). That valid status can be TN, H1 or L1. An approved i-797 from USCIS along with a Canadian passport should get you entry to US.

 

[canvisa13]

Not a True statement. You probably are confused between status and physical stamp on visa. A person who's visa is expired can stay inside US as long as his extension of status petition is filed with USICS. Canadians do NOT, I repeat, do NOT need a physical stamp to travel to US. They however, need a valid status approved from USCIS (Except visitor status). That valid status can be TN, H1 or L1. An approved i-797 from USCIS along with a Canadian passport should get you entry to US.

That's good to know. I am not aware of that. So does it mean that, if my H1B is approved while I am in Canada with Canada passport, can I travel directly without embassy appointment and visa stamp in passport?

 

[Mexontario]

That's good to know. I am not aware of that. So does it mean that, if my H1B is approved while I am in Canada with Canada passport, can I travel directly without embassy appointment and visa stamp in passport?

That correct, You dont need to go to an embassy appointment for visa. Just proceed to the border with 797 and passport and CBP will issue a new i-94 for the duration of 797 validity. Even if you have an existing approval, you can switch that to your Canadian passport at the border. Just show them your old passport or i-94, just so that they can link your travel/immigration data with new passport.

 

[svk1520]

I will be talking to company Attorney and will be crossing border by 10-Feb with new passport ,I will post my findings then ,my main concern is CBP at airport as based on my experience land crossing is much more smoother than airport

Hi @letstry21 can you please share your final experience. I am on L1A with Indian Passport and will be getting my Oath soon. I am already working in US but living in Canada and travelling.

 

[letstry21]

Hi @letstry21 can you please share your final experience. I am on L1A with Indian Passport and will be getting my Oath soon. I am already working in US but living in Canada and travelling.

I let my L1 on Indian passport expire and now going to get new L1 on my Canadian passport , only thing is at the border you show them L1 at the US Border and your Canadian passport too. I travelled with both passports , main confusion happens at Indian airports where you should not show them both passports , also ideally you should get Indian passport Cancelled sooner as otherwise there will be penalty. I got mine cancelled after almost 2 years fortunately there was no penalty.

 

[bakshivishal]

I have a similar question. I am in US on h1b (no stamping on Indian passport as I changed status from b1 to h1b). If I take oath from US and get Canadian passport in US, do I need to do something about my h1b visa while I am in US?

Thanks,
Vishal

 

[svk1520]

I have a similar question. I am in US on h1b (no stamping on Indian passport as I changed status from b1 to h1b). If I take oath from US and get Canadian passport in US, do I need to do something about my h1b visa while I am in US?

Thanks,
Vishal

You cannot do your oath outside Canada. You have to be physically present inside Canada for Oath ceremony even if it is virtual.

 

[svk1520]

I let my L1 on Indian passport expire and now going to get new L1 on my Canadian passport , only thing is at the border you show them L1 at the US Border and your Canadian passport too. I travelled with both passports , main confusion happens at Indian airports where you should not show them both passports , also ideally you should get Indian passport Cancelled sooner as otherwise there will be penalty. I got mine cancelled after almost 2 years fortunately there was no penalty.

Thanks a lot @letstry21 for clarifying. So basically in US your I94 was based on Canada Passport although your visa was stamped in Indian pp? Also during the first entry (with new Canada pp and visa in not cancelled India pp) was there any extra questions at POE in Canada airports/land border? I am planning to carry my L1 documents used during stamping and payslips etc. Please advise

 

[tushar2485]

I have applied for the citizenship and per the current situation it looks its nowhere earlier than next 2 years. Is it possible while I wait for the application to get processed, I simultaneously apply for L1, which being optimistic I should receive in the next 6-7 months; but that obviously will be on my Indian passport. What happens when I receive my Canadian pp? Will the visa get transferred ?