H1b transfer when citizenship changes

[Alekhya Reddy]

hi, I am an Indian citizen, currently living and working in Canada on my PR, I will soon be eligible to apply for my Canadian citizenship.

I had previously lived and worked in the US with an employer through which I had a I797/H1b.

My current company is willing to bring me to the US, my question is, can my current employer use my previous I797 to transfer into new H1b, if I change my citizenship (from Indian to Canadian)? Or is it recommended, I transfer my H1b first, while I’m on my Indian citizenship and then apply for my Canadian citizenship?

 

[swan0206]

hi, I am an Indian citizen, currently living and working in Canada on my PR, I will soon be eligible to apply for my Canadian citizenship.

I had previously lived and worked in the US with an employer through which I had a I797/H1b.

My current company is willing to bring me to the US, my question is, can my current employer use my previous I797 to transfer into new H1b, if I change my citizenship (from Indian to Canadian)? Or is it recommended, I transfer my H1b first, while I’m on my Indian citizenship and then apply for my Canadian citizenship?

Are you re-capturing your left our H1b years to enter back into US or you have a i140?? If you are just re-capturing without use of i-140 also i believe its the same process(just check your company's attorney for better idea). Once your employer files your H1b and you get your i797 then you enter US showing your Canadian passport and i797 at port of entry. If you haven't got your Canadian passport by then/ haven't taken oath, you need to get a stamp and then enter as usual with an Indian Passport.

FYI :
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-extension-after-obtaining-canadian-citizenship.816252/

 

[Alekhya Reddy]

I do not have an i140, I intend to recapture left over time on H1b