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Taking Canadian citizenship with H1B living in US

ArunV

Newbie
Dec 28, 2023
5
2
no issues at all,
Hi, One question - I am planning to attend Oath Ceremony in Canada and next day travel to USA on Indian Passport using H1B. Later apply for Canada Passport in USA and surrender Indian Passport here. Is it possible? What are the steps has to taken care?
 
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Rawhide

Hero Member
Nov 11, 2017
205
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Hi, One question - I am planning to attend Oath Ceremony in Canada and next day travel to USA on Indian Passport using H1B. Later apply for Canada Passport in USA and surrender Indian Passport here. Is it possible? What are the steps has to taken care?

I don't see why not its possible but here are few challenges you may face : --

  • Coming back to Canada - after taking oath you will have to cut down PR Card which will make your return to Canada difficult ( its still possible to enter Canada but takes additional processing at border). Citizen cert can come digitally but its not a travel document.
  • Surrendering Indian Passport - Travelling back to USA on Indian PP even on same day can raise questions while surrendering Indian PP but allowed : "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. " https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005#:~:text=A grace period of three,acquisition of a foreign passport.
  • Applying for Canadian PP in USA - I applied for mine in Canada, not aware of challenges it will present.
 

shellyhanda

Member
Aug 2, 2020
14
2
You still have to meet the requirements to work in the US but for Canadian citizens not Indians. Still no guarantee that you can live and work in the US as a Canadian although certainly easier than with having Indian citizenship.
Hi, Can you please elaborate your reply. what do you mean by meet the requirements
 

shellyhanda

Member
Aug 2, 2020
14
2
I don't see why not its possible but here are few challenges you may face : --

  • Coming back to Canada - after taking oath you will have to cut down PR Card which will make your return to Canada difficult ( its still possible to enter Canada but takes additional processing at border). Citizen cert can come digitally but its not a travel document.
  • Surrendering Indian Passport - Travelling back to USA on Indian PP even on same day can raise questions while surrendering Indian PP but allowed : "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. " https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005#:~:text=A grace period of three,acquisition of a foreign passport.
  • Applying for Canadian PP in USA - I applied for mine in Canada, not aware of challenges it will present.
so in this case what do you suggest to do. My understanding is Person should be remained in Canada after Oauth till gets the new Canadian passport and Cancelled Indian passport is received. then move to USA with valid I-797 along with Canadian and Indian passport. Please suggest
 

tuhadapeo

Hero Member
Jul 20, 2017
383
103
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AOR Received.
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Med's Done....
14-01-2019
Its best to follow instructions provided on their website. See “Leaving Canada after you submit your application” section. You’ll need to be in Canada for Oath (so maintain PR status to travel back). Everything else including test and receiving passport is doable while you’re in US. They do charge a bit extra to mail passport to US.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

so in this case what do you suggest to do. My understanding is Person should be remained in Canada after Oauth till gets the new Canadian passport and Cancelled Indian passport is received. then move to USA with valid I-797 along with Canadian and Indian passport. Please suggest
 

yesh

Full Member
Mar 6, 2018
32
0
Hi,
I have my h1b issued but not stamped on my Indian passport and it was in 221g administrative processing. I became Canadian few months ago and have my Canadian passport. So, can I cross the border and work legally in the USA based on my h1b with new passport! If yes, please let me know the steps involved in this process. Thanks!
 

shellyhanda

Member
Aug 2, 2020
14
2
Hi,
I have my h1b issued but not stamped on my Indian passport and it was in 221g administrative processing. I became Canadian few months ago and have my Canadian passport. So, can I cross the border and work legally in the USA based on my h1b with new passport! If yes, please let me know the steps involved in this process. Thanks!
Sorry to hear about you getting 221g, did USCIS issue a Valid I-797 to you now or your file is still pending with them? In your I-129 did you mention your Canadian citizenship status? What is the reason for getting 221g any idea, is this a new H1B application or an extension application when you got 221g
 
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yesh

Full Member
Mar 6, 2018
32
0
No problem . Yes USCIS issued a valid I797 . No when I submitted my I129 I didn’t get my Canadian citizenship! This is a new application and I don’t know the reason for the 221g
Sorry to hear about you getting 221g, did USCIS issue a Valid I-797 to you now or your file is still pending with them? In your I-129 did you mention your Canadian citizenship status? What is the reason for getting 221g any idea, is this a new H1B application or an extension application when you got 221g
 

Anpman

Hero Member
Apr 15, 2018
292
25
Hi all, does anyone have an experience where while their Canadian citizenship application is in progress, move to the US? Did they grant citizenship while in the US? Right now the test and ceremony are all online so there is really no difference if I am in Canada or US. I have a work opportunity to move by I am afraid my application will get too long or even be denied, could anyone please share if you have a similar experience? Really appreciate it ...
Hello ! Did u got ur citizenship? I m in same situation as urs was at the time of this post.Would love to hear ur experience.
 

sheldon2309

Member
Apr 5, 2022
14
9
Hello All! I recently got my canadian citizenship and passport. While travelling back from Canada to US, I presented my new passport, existing i797b ( valid for 1.5 years) and mentioned that I recently acquired new citizenship. Officer said they can not issue i94 for my new passport as i797 has to be reprocessed to be associated with Canadian passport ( this was suggested in secondary screening) . Since I had to still enter with "worker" status, I ended up using my Indian passport.

How do I go about this situation now? I was under impression that everythibg should be smooth based on prior experiences on this forum but that was not the case.

Could it be that the officer didnt know that I dont have to amend i797 in order to enter with Canadian passport? I am waiting for my lawyers to get back to me on this but if anybody has any meaningful inputs here, I would greatly appreciate them!

Thank you!
 

shellyhanda

Member
Aug 2, 2020
14
2
Hello All! I recently got my canadian citizenship and passport. While travelling back from Canada to US, I presented my new passport, existing i797b ( valid for 1.5 years) and mentioned that I recently acquired new citizenship. Officer said they can not issue i94 for my new passport as i797 has to be reprocessed to be associated with Canadian passport ( this was suggested in secondary screening) . Since I had to still enter with "worker" status, I ended up using my Indian passport.

How do I go about this situation now? I was under impression that everythibg should be smooth based on prior experiences on this forum but that was not the case.

Could it be that the officer didnt know that I dont have to amend i797 in order to enter with Canadian passport? I am waiting for my lawyers to get back to me on this but if anybody has any meaningful inputs here, I would greatly appreciate them!

Thank you!
But my question is how the US border officer allowed you to enter in USA on a cancelled Indian passport
 

Rawhide

Hero Member
Nov 11, 2017
205
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Hello All! I recently got my canadian citizenship and passport. While travelling back from Canada to US, I presented my new passport, existing i797b ( valid for 1.5 years) and mentioned that I recently acquired new citizenship. Officer said they can not issue i94 for my new passport as i797 has to be reprocessed to be associated with Canadian passport ( this was suggested in secondary screening) . Since I had to still enter with "worker" status, I ended up using my Indian passport.

How do I go about this situation now? I was under impression that everythibg should be smooth based on prior experiences on this forum but that was not the case.

Could it be that the officer didnt know that I dont have to amend i797 in order to enter with Canadian passport? I am waiting for my lawyers to get back to me on this but if anybody has any meaningful inputs here, I would greatly appreciate them!

Thank you!


Officer didnt know, I would recommend crossing again and getting it corrected.
 

sheldon2309

Member
Apr 5, 2022
14
9
Officer didnt know, I would recommend crossing again and getting it corrected.
Yeah, I thought so too. I probably confused him by presenting my Indian passport first. I should have just handed over my Canadian passport + i797 only. Will re-enter and get it corrected.
 

Rawhide

Hero Member
Nov 11, 2017
205
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Yeah, I thought so too. I probably confused him by presenting my Indian passport first. I should have just handed over my Canadian passport + i797 only. Will re-enter and get it corrected.
Yes I agree, giving Indian pp confused with him. Just present Canadian pp next time along with i 797, they will send your for secondary where new I 94 will be processed