H1-status with indian passport, acquired canadian passport

[saritha reddy]

indian passport with a valid h1-visa till feb 2008,not stamped on passport.
labour certificate approved, i-140 approved and waiting to file i-485(back log for eb2 category).
indian passport is expiring in the month of march 2007,recently acquired canadian passport.
so, now we are forgoing indian passport by applying for OCI(overseas citizenship of indian).
my questions are?
1.does there will be any problem for our status in U.S and green card processing because filing is through indian citizenship, and now we are forgoing the indian citizenship?
2. if we want to stamp the visa, whether it should be on OCI OR CANADIAN PASSPORT?
please give us expert opinion.
thank you.

 

[canindo]

This could be a problem.

First when you acquired Canadian citizenship, you have to give up your Indian Citizenship. That is the law. If you keep your Indian passport and you use it for whatever reason and later cancel it for getting an OCI you will have to pay heavy fine. It is in the order of 50,000 RS per person now.

I know this for a fact. So you do have a big question yourself to answer.

As for US immigration is concerned, you are Indian in your application and without legal assitance you may not be able to get that transferred to another passport.

I suggest you to get legal advise or don't apply for a canadian passport now. Just get your green card and apply for a US one later. But you have to keep in mind that ethically this is not a good advise but many have done it.

Not me though.