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Is it necessary to transfer H1B visa to UK passport.

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chakra_1
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Is it necessary to transfer H1B visa to UK passport.

Post by chakra_1 » Fri May 26, 2006 12:12 pm

Hi ,

If i have a H1B visa on my Indian passport and before going to US acquire a UK citizenship and there by UK passport, can i still go to the US with UK passport showing my (cancelled) indian passport with valid H1B visa. I understand that one can show their cancelled passport with new passport while entering US, but when nationality changes after H1B stamping is one allowed to US on previous cancelled passport along with valid new passport. This issue is similar to the one i found here http://www.immigrationboards.com/viewtopic.php?t=7884, but with a nationality change difference. I researched on the net a bit but could not find anything specific. Thanks for your help in advance.

Chakra

PS: i have posted here as this issue may be of interest to regular readers of this forum.

ppron747
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Post by ppron747 » Fri May 26, 2006 12:51 pm

My instinct is that you wouldn't be able to do this. Surely the convention that people can produce a visa that is endorsed in a cencelled passport must depend on the individual holding a replacement passport of the same country? Can't you get it transferred?
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

mhunjn
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Post by mhunjn » Fri May 26, 2006 12:59 pm

The H1B will not be valid unless transferred to your Uk passport.

By taking on UK citizenship, you are no longer an Indian citizen, hence the Indian passport becomes invalid, along with all the visas on it; unless ofcourse you get your HiB transferred to the UK ppt.

Using the Indian ppt after taking on any other citizenship is an offence and could land you in trouble.

IMHO... ofcourse.

bbdivo
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Re: Is it necessary to transfer H1B visa to UK passport.

Post by bbdivo » Fri May 26, 2006 5:22 pm

chakra_1 wrote:Hi ,

If i have a H1B visa on my Indian passport and before going to US acquire a UK citizenship and there by UK passport, can i still go to the US with UK passport showing my (cancelled) indian passport with valid H1B visa. I understand that one can show their cancelled passport with new passport while entering US, but when nationality changes after H1B stamping is one allowed to US on previous cancelled passport along with valid new passport. This issue is similar to the one i found here http://www.immigrationboards.com/viewtopic.php?t=7884, but with a nationality change difference. I researched on the net a bit but could not find anything specific. Thanks for your help in advance.

Chakra

PS: i have posted here as this issue may be of interest to regular readers of this forum.
I don't think this is a similar issue at all, you are talking about a work visa here and to be honest it will be worth you while talking to an imigration lawyer in the US about this.

chakra_1
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Thanks for all the responses.

Post by chakra_1 » Sat May 27, 2006 3:19 pm

While Gooogling around I read few cases of Indian citizens holding PR in Canada (with valid H1B on their Indian passports). After obtaining Canadian citizenship they are not required to transfer H1B to their Canadian passport. Ofcourse THAT is Canadian passport. Totally different from UK passport (and immigration rules differ). Though all the responses make sense I'm looking for some factual evidence. Perhaps seeking professional advice is best option as bbdivo suggested. I welcome expert views of Kayalami, MWazir, John, Joseph. Thanks for taking time to reply.

Chakra

bbdivo
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Joined: Mon Feb 07, 2005 6:49 pm

Re: Thanks for all the responses.

Post by bbdivo » Sat May 27, 2006 5:32 pm

chakra_1 wrote:While Gooogling around I read few cases of Indian citizens holding PR in Canada (with valid H1B on their Indian passports). After obtaining Canadian citizenship they are not required to transfer H1B to their Canadian passport. Ofcourse THAT is Canadian passport. Totally different from UK passport (and immigration rules differ). Though all the responses make sense I'm looking for some factual evidence. Perhaps seeking professional advice is best option as bbdivo suggested. I welcome expert views of Kayalami, MWazir, John, Joseph. Thanks for taking time to reply.

Chakra
I would say it's the safest way to go, the US immigration system is a right nightmare compared to the UK one. Not sure what your long term intentions are but if they are to eventually get a green card, then it's best to make sure you get this done right.

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