H4 with new passport

J

Jerry.3533

Registered Users (C)
Dear experts,

I am working in US with H1B. My wife joined me with H4 after filling her application for Canadian citizenship.

My H1B was extended last year so both of us have valid I-94 and I-797 now.

Three weeks ago she got her Canadian citizenship and is planning to drive back to US with her Canadian passport.

Q1: Does she need to apply for a new I-94 with H4 status in the POE?

Q2: Does the POE will conver her old I-94 / I-797 to the new passport?

Q3: Can she get in with Canadian passport and old I-94 / I-797?

Thanks in advance! Jerry
 
Jerry.3533 said:
Dear experts,

I am working in US with H1B. My wife joined me with H4 after filling her application for Canadian citizenship.

My H1B was extended last year so both of us have valid I-94 and I-797 now.

Three weeks ago she got her Canadian citizenship and is planning to drive back to US with her Canadian passport.

Q1: Does she need to apply for a new I-94 with H4 status in the POE?
Click to expand...
Jerry.3533 said:
Ans: No.

Q2: Does the POE will conver her old I-94 / I-797 to the new passport?

--- Did not understand the question...

Q3: Can she get in with Canadian passport and old I-94 / I-797?

Ans: Yes.
Click to expand...
 
Hi BigBoy,

Thank you very much for your valuable information.

First let me explain my Q2: Will the POE conver her old I-94 / I-797 to the new passport? What I want to say is that her old nationality was printed on the I-94, will
the POE simply change the COS on her I-94 from her old nationatily to Canadian instead of issuing a new I-94? It make sense to me but may not make sence to POE officer.

I have fininshed my LCA and I-140 (EB3). We may be able to submitt I-485 in next one or two years. Just want to make sure there is no issue for our I-485 if she drive in US with Canadian passport and old I-94 / I-979. Is anyone has working exerience?

Many thanks, Jerry
 
First let me explain my Q2: Will the POE conver her old I-94 / I-797 to the new passport? What I want to say is that her old nationality was printed on the I-94, will
the POE simply change the COS on her I-94 from her old nationatily to Canadian instead of issuing a new I-94? It make sense to me but may not make sence to POE officer.

I have fininshed my LCA and I-140 (EB3). We may be able to submitt I-485 in next one or two years. Just want to make sure there is no issue for our I-485 if she drive in US with Canadian passport and old I-94 / I-979. Is anyone has working exerience?

--- They may change the COS or they might not. I know a first hand case, that the I-94 was not changed. The officer asked the person about the change of citizenship, then asked for the old passport and just said "okay" without changing the COS on the I-94.

In my opinion, it should not cause any problems at the AOS stage. But if you are in doubt, consult your attorney or ask your wife to request the immigration officer at the POE to change the COS. Or she may want to fill out a new I-94 and keep it ready for the officer when she explains her case. Show that officer her 2 I-94s (the old and the newly filled) and ask the officer to accept (i.e. stamp) the new one. If the officer agrees to this, then she might want to surrender the old I-94 and keep the new one in her cdn passport.
 
You must log in or register to reply here.
Top