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H1B transfer from Indian passport to new passport (new citizenship)

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  • H1B transfer from Indian passport to new passport (new citizenship)

    Hello. I have H1B visa stamped on my Indian passport, however, I have just been offered citizenship of Portugal. If I get my Portuguese passport then my Indian passport will be void. I am not sure what will happen to my H1B visa. Is there a way that I can "transfer" my H1B from Indian Passport to new Passport? If yes, then what is the procedure for it?

    Has anyone had this situation and successfully resolved it? Or will I have to reapply for the H1B altogether with my new passport? If this is the case, then do I have to go to a US embassy/ consulate or can this be done in the US?

    Thanks!

  • #2
    Visa in the passport is required for entry only, your non-immigrant status is linked to your I-94.
    If you are in US at this moment, your employer may need to file an amended petition providing your new citizenship details. They should consult their attorney in this matter.
    If you are outside the US, you may need to apply for a new Visa at a US consulate in order to enter the US in H1 status. You can contact the nearest embassy/consulate to inquire about this by e-mail.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks kabkaba.
      I am currently in the US and was hoping to get it all done here, ie, collect my new passport (Portugal), get new H1 and surrender the Indian passport.

      Since I already have an approved H1 with Indian passport, do I have to apply for a new H1 and will I be under the cap, or is this similar to H1 transfer case (when you change company and are not subject to cap).

      Comment


      • #4
        REad my answer above.
        Visa in the passport is just an entry document.
        What may need to be done is petition amendment by your employer. They should consult with their attorney in this matter. There is no question of cap.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by gcardozo View Post
          Hello. I have H1B visa stamped on my Indian passport, however, I have just been offered citizenship of Portugal. If I get my Portuguese passport then my Indian passport will be void. I am not sure what will happen to my H1B visa. Is there a way that I can "transfer" my H1B from Indian Passport to new Passport? If yes, then what is the procedure for it?

          Has anyone had this situation and successfully resolved it? Or will I have to reapply for the H1B altogether with my new passport? If this is the case, then do I have to go to a US embassy/ consulate or can this be done in the US?

          Thanks!
          Hi gcardozo,

          I'm in the same situation as you were 2 years ago. I just got offered Portuguese citizenship and am currently in the US on an H1B visa. I would also like to transfer my visa. Could you tell me how you resolved your issue? Thanks in advance. Viva :-)

          groovygal

          Comment


          • #6
            Originally posted by groovygal View Post
            Hi gcardozo,

            I'm in the same situation as you were 2 years ago. I just got offered Portuguese citizenship and am currently in the US on an H1B visa. I would also like to transfer my visa. Could you tell me how you resolved your issue? Thanks in advance. Viva :-)

            groovygal

            Hi groovygal,
            My issue was resolved when I applied for H1B extension before the expiry of the first H1B term (before 3 years).
            When filing the I-129 for the H1B extension, my attorney provided the new passport info and new country of citizenship. My H1B was extended and country of citizenship was updated to Portugal. This was also reflected in the I94 on the approval notice.
            After that, I applied for OCI, went to India and got my visa stamped on the Portuguese Passport.

            If you do not need to renew your H1B, then I think your attorney can file for an amended H1B petition indicating your new citizenship, however, there is a cost for this. When does your original passport expire?

            Recommend that you either apply for amendment to H1B or wait until it is time for H1B renewal in order to transfer H1B to Portugal.
            Hope this helps.

            Comment


            • #7
              Originally posted by gcardozo View Post
              Hi groovygal,
              My issue was resolved when I applied for H1B extension before the expiry of the first H1B term (before 3 years).
              When filing the I-129 for the H1B extension, my attorney provided the new passport info and new country of citizenship. My H1B was extended and country of citizenship was updated to Portugal. This was also reflected in the I94 on the approval notice.
              After that, I applied for OCI, went to India and got my visa stamped on the Portuguese Passport.

              If you do not need to renew your H1B, then I think your attorney can file for an amended H1B petition indicating your new citizenship, however, there is a cost for this. When does your original passport expire?

              Recommend that you either apply for amendment to H1B or wait until it is time for H1B renewal in order to transfer H1B to Portugal.
              Hope this helps.
              Thanks for your response. I actually recently applied for my H1B extension on my Indian passport and received the approval notice (I-797) for the same. So my visa is valid till 2015 (passport doesn't expire till 2017), but I have not yet stamped my passport. I guess the only option I have now is to apply for H1B amendment. I will speak with my attorney and see what they recommend.

              Also, did your new citizenship help in any way with your Green card process (if you've started the process that is)? Are you able to charge your country to Portugal?

              Comment


              • #8
                Originally posted by groovygal View Post
                Thanks for your response. I actually recently applied for my H1B extension on my Indian passport and received the approval notice (I-797) for the same. So my visa is valid till 2015 (passport doesn't expire till 2017), but I have not yet stamped my passport. I guess the only option I have now is to apply for H1B amendment. I will speak with my attorney and see what they recommend.

                Also, did your new citizenship help in any way with your Green card process (if you've started the process that is)? Are you able to charge your country to Portugal?
                Please consult with your attorney regarding the amendment for change in citizenship. You maybe ok not changing anything till you begin green card processing. The green card process depends upon country of birth and not citizenship, so it did not help in green card processing. What is your original citizenship?

                Comment


                • #9
                  Same problem here

                  HI, I am indian citizen having H1 visa stamped on my indian passport. I am planning to go to US On H1 this March. In the mean I also have applied Belgium citizenship. If I get it , I need to come back to belgium to take my new ID card and passport. My question is can I travel using the old passport to US and cancel my indian citizenship in US ? If that is the case how to transfer my H1 to new passport ?

                  Comment


                  • #10
                    Originally posted by beeuday View Post
                    HI, I am indian citizen having H1 visa stamped on my indian passport. I am planning to go to US On H1 this March. In the mean I also have applied Belgium citizenship. If I get it , I need to come back to belgium to take my new ID card and passport. My question is can I travel using the old passport to US and cancel my indian citizenship in US ? If that is the case how to transfer my H1 to new passport ?
                    You need to get H1 stamped in Belgian passport, and travel on the Belgian passport. You should probably surrender the Indian passport at Indian embassy in Belgium, as India does not allow dual citizenship.

                    This is my opinion not legal advice.

                    Comment

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