Can a Candian Citizen still work on Valid H1B?

Laxmoji

New Member
Hi,

I am a Canadian Permanent Resident but working on H1B in USA.and I got Canadian Citizenship. I am going to be granted Canadian Passport with in couple of weeks. My Indian Passport will be no longer valid( Indian consulate officer will stamp " Not Valid" on my Indian Passport).

Currently I am on H1B Extension status, which is valid till end of June,2009. I have Valid H1B Visa and I 94 to stay/work in USA till end of May,2009.

Please let me know what will be my current Visa status once, I become a Canadian Citizen. Can a Canadian Citizen still work on valid H1b before it expires? Do I need to go for TN VISA other than H1B?

If my indian passport cancelled due to Canadian one, will my H1B visa and I94 on indian passport will be used to come back to USA to work as usual by showing Canadian and Indian passport(cancelled one) at a time?

USA Immigration officer at the border will allow me to come inside(USA) to work based on H1B or TN Visa?

Please let me know, matter is most important. I will be very greatful to you.

Regards,
 
Last edited by a moderator:
Hi,
Please let me know what will be my current Visa status once, I become a Canadian Citizen. Can a Canadian Citizen still work on valid H1b before it expires? Do I need to go for TN VISA other than H1B?

-- You do not need to go for the TN if you already have a H1B, even if you change your citizenship.

If my indian passport cancelled due to Canadian one, will my H1B visa and I94 on indian passport will be used to come back to USA to work as usual by showing Canadian and Indian passport(cancelled one) at a time?

-- Do not show the Indian passport. Just show the H1B status (I-797 and your valid I-94) along with your cdn passport. Most probably they will ask you to fill the new I-94.

USA Immigration officer at the border will allow me to come inside(USA) to work based on H1B or TN Visa?

-- Forget about TN. You are on H1B and unless you insist on having a TN, you will continue to use your H1 status. See my reply above, you will be allowed in the USA on the H1 status.
 
Canada Citizenship

Thank you very much for your advice. But still I have some doubts which needs clarification. That will be great help for me.

My Old Indian passport having H1B Visa stamp and I94 will be invalid, by Indian consulate office.And my New Canadian passport will not have any USA visa(H1B in my case) stamp.

Answers required for the following questions:

2. Can I travel back to USA from Canada with Canadian Passport with out any USA H1B Visa stamp on it ( H1B Visa will on my Old Indian Passport only)? Defintely American immigration officer will look at my Visa stamp validity and I94 status before allowing in to USA.Then I need to show Canadian and indian invalid passport together.

3. Does H1B still valid even my Canadian residential status changes from Permanent Resident to Citizen which is based on Indian passport?

I will appreciate your speed response and support
 
My Old Indian passport having H1B Visa stamp and I94 will be invalid, by Indian consulate office.And my New Canadian passport will not have any USA visa(H1B in my case) stamp.

-- Indian consulate will cancel only the passport (Not the visas in it.). And that too, if you apply for the Indian visa/OCI or the PIO card. Otherwise you do not have any need to submit your Indian passport to the consulate. Even if you do, remove the I-94 from it - there is NO NEED to submit the I-94 along with it to ANY consulate.

2. Can I travel back to USA from Canada with Canadian Passport with out any USA H1B Visa stamp on it ( H1B Visa will on my Old Indian Passport only)? Defintely American immigration officer will look at my Visa stamp validity and I94 status before allowing in to USA.Then I need to show Canadian and indian invalid passport together.

-- Cdn passport holders DO NOT need the H1B visa stamp in their passport. Therefore, all you need is a cdn passport and the old valid I-94 that is (I hope) is still with you, in order to cross over to the USA on H1 status.
Do not show your Indian passport to them voluntarily. In case they ask (since the country of citizenship is mentioned on the I-94), ONLY then you explain them that your Indian ppt is no longer valid and show them the Indian passport ONLY if they ask for it.

3. Does H1B still valid even my Canadian residential status changes from Permanent Resident to Citizen which is based on Indian passport?

-- YES.
 
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