Work in USA on H1B - Changing to Canadian Citizen

[mr.maple]

My situation is like below:

I was in Canada from past 8 years(on PR) and moved to USA on H1B before 7 Months. I am Indian born/citizen.

Now my Canadian Citizenship oath is scheduled in few weeks.

After my Oath Ceremony, i can apply for passport in 2 days and can receive Canadian Passport in a week time.

Can i travel back to US with my Indian passport right away ? or do i need to apply a new H1B Visa stamping and wait for it to be done on Canadian passport and then travel ?

What is the best possible/graceful way to do this ?


Thanks!

 

[lampbreaker]

Canadians don't require a Visa stamp. All you need is your Canadian passport and H1B approval notice in order to return in H1B status.

 

[harirajmohan]

My situation is like below:

I was in Canada from past 8 years(on PR) and moved to USA on H1B before 7 Months. I am Indian born/citizen.

Now my Canadian Citizenship oath is scheduled in few weeks.

After my Oath Ceremony, i can apply for passport in 2 days and can receive Canadian Passport in a week time.

Can i travel back to US with my Indian passport right away ? or do i need to apply a new H1B Visa stamping and wait for it to be done on Canadian passport and then travel ?

What is the best possible/graceful way to do this ?


Thanks!

As far as i understand, Canadians dont require to show the canadian passport itself but some proof that you are canadian and some valid passport. But check with cbp/attorney to confirm.
There is no rule specified that one should carry canadian passport itself to get visa waiver at the border.
Make sure your citizenship certificate with you and ask cbp/attorney before you travel.

Moreover you just need your valid I94 (and your previously expired visa which you should have having) to come to US within few days which will anyway allow you to enter through automatic revalidation rule. So getting canadian citizenship and not having Canadian passport should not be a concern and irrelevant for reentering within 30 days from Canada trip but you should tell the truth that you are indian and now a canadian too if they ask your citizenship (note - you are still indian till your give up your citizenship). if they ask why you dont carry/have canadian passport then show the oath letter and citizenship certificate (which are more than enough to travel). Carry your I797 and valid I94 (which you received by cbp/uscis) with Indian passport (+ citizenship certificate) should be good enough.
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

[mr.maple]

Thanks both ! @Iampbreaker and @harirajmohan . The replies were really helpful!

 

[meyakanor]

If you re-enter the US using AVR or your H1B visa stamp after naturalization, and never apply for a Canadian passport, I wonder if this means that the Indian government would never find out about your Canadian citizenship, and that you would be able to get away forever without renouncing your Indian citizenship. Obviously not something that I would recommend doing since it skirts the law, but just a thought experiment.

 

[rv85]

My situation is like below:

I was in Canada from past 8 years(on PR) and moved to USA on H1B before 7 Months. I am Indian born/citizen.

Now my Canadian Citizenship oath is scheduled in few weeks.

After my Oath Ceremony, i can apply for passport in 2 days and can receive Canadian Passport in a week time.

Can i travel back to US with my Indian passport right away ? or do i need to apply a new H1B Visa stamping and wait for it to be done on Canadian passport and then travel ?

What is the best possible/graceful way to do this ?


Thanks!

Hello - I know its old thread though i am in similar situation. Can you please let me know what you have done and worked. I am planning to get my Canadian passport while in Canada itself. is there any issues coming back to USA on H1B which was initially tagged with Indian passport.

 

[msaurora]

My situation is like below:

I was in Canada from past 8 years(on PR) and moved to USA on H1B before 7 Months. I am Indian born/citizen.

Now my Canadian Citizenship oath is scheduled in few weeks.

After my Oath Ceremony, i can apply for passport in 2 days and can receive Canadian Passport in a week time.

Can i travel back to US with my Indian passport right away ? or do i need to apply a new H1B Visa stamping and wait for it to be done on Canadian passport and then travel ?

What is the best possible/graceful way to do this ?


Thanks!

Hi! I am in a similar situation right now. Except I live in Canada and work for US employer. Do you know if we have to get H-1B amendment filed? H-1B Visa is going to be still valid on Indian passport or we need to get it re-stamped on Canadian passport? Please advise.

 

[msaurora]

Hello - I know its old thread though i am in similar situation. Can you please let me know what you have done and worked. I am planning to get my Canadian passport while in Canada itself. is there any issues coming back to USA on H1B which was initially tagged with Indian passport.

Please advise your experience.

 

[coolak2007]

Just curious -
1. Do we have to get a new H1B visa stamp once you change Citizenship to Canada (since Indian passport is invalid, which had last H1B stamp)
2. Do we also need an Amendment to the existing H1B I-129 petition?
I heard that Canadians (Non-Immigrant Intent with H1B Approval notice may not need H1B Stamp/Foil Physically?)
Please let me know, thanks

 

[thalaivar]

Just curious -
1. Do we have to get a new H1B visa stamp once you change Citizenship to Canada (since Indian passport is invalid, which had last H1B stamp)
2. Do we also need an Amendment to the existing H1B I-129 petition?
I heard that Canadians (Non-Immigrant Intent with H1B Approval notice may not need H1B Stamp/Foil Physically?)
Please let me know, thanks

I am in the same boat, does someone know the answer for this?

 

[coolak2007]

CBP Information Center <cbpinfocenter@cbp.dhs.gov>	Mon, Apr 1, 1:02 PM

April 1, 2024

Thank you for contacting the U.S. Customs and Border Protection (CBP) Information Center. We apologize for the delayed response to your inquiry.

When you enter the United States, your visa must match your intent for entry. Once you receive your Canadian citizenship and obtain your Canadian passport, you will not have to depart the United States, but will have to present your new Canadian passport the next time you leave and re-enter the United States.

Canadian citizens, in most cases, are not required to have a physical visa in their passport, except the following visas: E, V, K, A, and G.

All other statuses require a valid Canadian passport and any supporting documentation such as an I-797 Notice of Action petition, I-129 Temporary Worker petition, I-20, DS-2019, etc.

The CBP officer will issue an I-94 Entry/Departure Record Form upon your admission to the United States. This document/stamp is evidence of your legal status in the United States.

Thank you again for contacting our office.

Regards,

CBP Information Center

 

[thalaivar]

CBP Information Center <cbpinfocenter@cbp.dhs.gov>	Mon, Apr 1, 1:02 PM

April 1, 2024

Thank you for contacting the U.S. Customs and Border Protection (CBP) Information Center. We apologize for the delayed response to your inquiry.

When you enter the United States, your visa must match your intent for entry. Once you receive your Canadian citizenship and obtain your Canadian passport, you will not have to depart the United States, but will have to present your new Canadian passport the next time you leave and re-enter the United States.

Canadian citizens, in most cases, are not required to have a physical visa in their passport, except the following visas: E, V, K, A, and G.

All other statuses require a valid Canadian passport and any supporting documentation such as an I-797 Notice of Action petition, I-129 Temporary Worker petition, I-20, DS-2019, etc.

The CBP officer will issue an I-94 Entry/Departure Record Form upon your admission to the United States. This document/stamp is evidence of your legal status in the United States.

Thank you again for contacting our office.

Regards,

CBP Information Center

After taking Oath, i need to have a Canadian passport before i can travel to USA?
I want to produce my Canadian passport with i797?

 

[coolak2007]

Yes for both

 

[FletcherHubbard]

All you need is your Canadian passport and H1B approval notice in order to return in H1B status.

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