Transfer US H1B Visa to Canadian Passport or to surrender my Indian citiziten

[harirajmohan]

Hi @Mexontario and @harirajmohan can you please advise what to do if we received the Canadian passport in US - i.e. entered US after oath in Indian passport and applied passport from US. Then received the Canadian passport in US. Does it need amendment filing for L1A or H1B? Did anyone face this issue

No amendments needed. Its same as we dont do amendment after renewing Indian passport which is new number.
Status and documents are tied to you, not to passport number. Passport details in I129 is for identification detail, not to attach the work authorization just for that passport.
Sometimes cbp even issue I94 on old passport(without bothering to change to new passport number) when we try to enter US on new passport(while visa is on old passport).

I never experienced but this is what i know. I will know this year.

 

[svk1520]

No amendments needed. Its same as we dont do amendment after renewing Indian passport which is new number.
Status and documents are tied to you, not to passport number. Passport details in I129 is for identification detail, not to attach the work authorization just for that passport.
Sometimes cbp even issue I94 on old passport(without bothering to change to new passport number) when we try to enter US on new passport(while visa is on old passport).

I never experienced but this is what i know. I will know this year.

Thanks, not sure why my wife's company said they will be filing amendment for her H1 as they are considering citizenship changes as a "material change" which warrants an amendment. Did you do anything for your L1 or your wife's visa? I am planning to reach out to my office for my L1 too. I posted a question on avvo and few attorneys responded amendment is not needed. Probably it depends upon each company and their policies!

 

[harirajmohan]

Thanks, not sure why my wife's company said they will be filing amendment for her H1 as they are considering citizenship changes as a "material change" which warrants an amendment. Did you do anything for your L1 or your wife's visa? I am planning to reach out to my office for my L1 too. I posted a question on avvo and few attorneys responded amendment is not needed. Probably it depends upon each company and their policies!

Possibly your lawyer team is not the internal team hence they decided to amend so that they can charge filing fees to your company.

My family is now entering US next month on new passport and will seek status at the border. We werent asked/reminded about amendment when i asked my lawyer team on the US entry docs using canadian passport. So i will be sending back my H1 approval and payslips so that they can seek status based on my current H status at the port.

Per me, material change should be within the scope of change in jobdescription/location/wage/title/salary(less than previously filed) etc.
I will be having same situation next month(having status on Indian passport and will be applying for H1 extension in Sep-Oct and parallel applying for Canadian passport). I doubt that i need to do amendment by end of year just for new country passport.

 

[Mexontario]

Hi @Mexontario and @harirajmohan can you please advise what to do if we received the Canadian passport in US - i.e. entered US after oath in Indian passport and applied passport from US. Then received the Canadian passport in US. Does it need amendment filing for L1A or H1B? Did anyone face this issue

No worries at all. No need of amendment business. you can hold i94 on one passport and your petition on another country passport. Ppl with multiple citizenships do it. The details you submit in the petition are for identification purposes only...its not tied to a passport number, but an A# that USCIS assigns. Since India does not allow dual and your Indian passport becomes invalid after surrender, its better to turn around and come back with a new i94 issued with Canadian passport.

 

[ebs2cloud]

@harirajmohan , @Mexontario, can you please share any latest update? I will be entering US with New Canadian passport and old i797(filed when i was Indian passport holder). Am i good to go?

I will surely carry old passports and other regular docs like i129, lca, etc.

 

[harirajmohan]

@harirajmohan , @Mexontario, can you please share any latest update? I will be entering US with New Canadian passport and old i797(filed when i was Indian passport holder). Am i good to go?

I will surely carry old passports and other regular docs like i129, lca, etc.

I797 is not tied to passport number/country. Passport is just used as identity document at uscis.
They didnt ask for old passport. But just carry old passport but present only your canadian passport along with I797 and then wait for what they ask for more.
There was no difference as process is same except that we carry visa exempt passport.

 

[bluecheese123]

@harirajmohan , @Mexontario, can you please share any latest update? I will be entering US with New Canadian passport and old i797(filed when i was Indian passport holder). Am i good to go?

I will surely carry old passports and other regular docs like i129, lca, etc.

@ebs2cloud , can you provide an update on how you border crossing into the US with new Canadian passport and I-797? Did you had to go to secondary and was everything smooth? What questions were asked?

 

[ebs2cloud]

@ebs2cloud , can you provide an update on how you border crossing into the US with new Canadian passport and I-797? Did you had to go to secondary and was everything smooth? What questions were asked?

No issues at all. Just have i797 approval notice. New i94 would be issued on your Canadian passport. No questions asked

 

[bluecheese123]

No issues at all. Just have i797 approval notice. New i94 would be issued on your Canadian passport. No questions asked

Perfect. Did you had to go to the secondary inspection for the I-94 or was it issued at the booth itself?

 

[surbee]

Hello everyone

I am a Canadian citizen and will be surrendering the Indian passport in US. I am here on L2. As per the website for Indian embassy in US, I need to submit the following List of documents. One document which I feel is missing is the proof of legal status in US for a Non US passport holder ?

Can anyone who has been in similar situation guide on the list of documents to submit for surrendering Indian passport in US for Non US passport holder ?

 

[sandeep.vn119]

Hello All,

Any suggestions from members will be helpful.
I currently hold an Indian Citizenship with H4 Visa and living in USA. My Canadian Citizenship ceremony is scheduled in April 2023, for that I have to visit Canada and I am planning to return to USA with Canadian Passport. I am planning to submit my Indian passport to Indian embassy after I return to USA. I
have contacted couple of Immigration attorneys but received contradictory suggestions. So just want to check if someone had faced similar situation in the past.
1. How does this change of Citizenship will impact my current H4 Visa and EAD status?
2. My EAD will be expiring in July 2023 and I am planning to renew it. Does my travel to Canada and Citizenship change impact my EAD renewal application?
Thank you

 

[bluecheese123]

Hello All,

Any suggestions from members will be helpful.
I currently hold an Indian Citizenship with H4 Visa and living in USA. My Canadian Citizenship ceremony is scheduled in April 2023, for that I have to visit Canada and I am planning to return to USA with Canadian Passport. I am planning to submit my Indian passport to Indian embassy after I return to USA. I
have contacted couple of Immigration attorneys but received contradictory suggestions. So just want to check if someone had faced similar situation in the past.
1. How does this change of Citizenship will impact my current H4 Visa and EAD status?
2. My EAD will be expiring in July 2023 and I am planning to renew it. Does my travel to Canada and Citizenship change impact my EAD renewal application?
Thank you

Hello, did you get any answers?

 

[Neha_shah]

Hello All,

Any suggestions from members will be helpful.
I currently hold an Indian Citizenship with H4 Visa and living in USA. My Canadian Citizenship ceremony is scheduled in April 2023, for that I have to visit Canada and I am planning to return to USA with Canadian Passport. I am planning to submit my Indian passport to Indian embassy after I return to USA. I
have contacted couple of Immigration attorneys but received contradictory suggestions. So just want to check if someone had faced similar situation in the past.
1. How does this change of Citizenship will impact my current H4 Visa and EAD status?
2. My EAD will be expiring in July 2023 and I am planning to renew it. Does my travel to Canada and Citizenship change impact my EAD renewal application?
Thank you

Hi please do let us know how did you get h4 transferred to your Canadian passport.
I still don’t have my oath date but wanted to understand the situation.

 

[sandeep.vn119]

Hello, did you get any answers?

No

 

[sandeep.vn119]

Hi please do let us know how did you get h4 transferred to your Canadian passport.
I still don’t have my oath date but wanted to understand the situation.

I am still wating for my oath.