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Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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chakra_1
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Joined: Tue May 23, 2006 4:14 pm

Pls give your opinion

Post by chakra_1 » Fri Nov 03, 2006 3:18 pm

Hi All ,

I have posted this query before and doing it again as i was unable to get any response and find any relevant information. Please can any one give their opinion regarding this issue. 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

ppron747
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Posts: 950
Joined: Wed Oct 19, 2005 5:10 pm
Location: used to be London

Post by ppron747 » Fri Nov 03, 2006 3:36 pm

You first posted this question in May. Contrary to what you say, you received several responses, all suggesting that what you proposed did not sound like a good idea. No-one came forward to say that it sounded possible.

It seems to me that if you had written to the American Embassy at the time, you would probably have received an authoritative answer by now...

I'm moving this to the US Immigration forum, where it belongs.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Nov 09, 2006 11:19 pm

chakra,

1. Your Indian passport would be invalid effective the date of your acquisition of British Citizenship. By extension it would no longer be a valid travel document so your query is moot.

2. AFAIK the INA (US Immigration Act) allows you to use a valid visa in an expired passport along with a new passport of the same nationality to seek entry into the US. Therefore even if 1 above did not apply you wouldn't be in a position to use 2 different nationality passports.

3. Apply for a fresh H1B visa to be endorsed on your UK passport - such would require the appropriate H1B petition.....sorry but if you are trying to avoid this via the 2 passports route you may end up not entering the US at all....with respect your plan easily raises issues of misrepresentation/ potential fraud etc.

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