My_question_is: Applicable to both US and Canada
Subject: H1B formality in case of Citizenship change.
Expert: taxman at centa.com
Date: Sunday December 17, 2006
Time: 04:18 PM -0500
QUESTION:
Hello
I am an Permanent resident of Canada currently holding an Indian Passport.
I have a H1B stamped on my Indian Passport valid till 2008. I have not been
to US yet using the H1. Very soon in next 6-7 months I should get my
Canadian Citizenship and get my Canadian Passport.
Now my question is whether I will be able to travel on the same H1B that is
stamped on the indian passport OR I will have to go under some formality to
restamp the H1 on Canadian passport or something. Reason being, I will be
unable to use my Indian passport for travelling since I will have to travel
on my Canadian Passport. I know I have a TN option but I would like to go
ahead with H1 only as there is an option open to go for US green card later.
It would be very helpful if you can advice or let me know somebody who is an
expert on this.
Thanks a lot.
----------------------------------
david ingram replies:
When you go to the border, present your I-797 (H1B approval) and the US
authority should then stamp the H1B into your Canadian Passport.
Of course, under Indian Law, your Indian passport is technically no longer
valid. However, for about $450 you can obtain an OCI (overseas citizen of
India) card which gives you the right to travel to and stay in India
indefinitely. This gives you all rights including the right to work in
India. The only thing you can NOT do is work for the government, be elected
to office, or buy a plantation or agricultural property.
The following will help from the
Consulate General of India, Houston
1990 Post Oak Boulevard, Houston, TX - 77056
Telephone PABX: 713-626-2148, 713-626-2149
Consular Enquiry: 713-621-5576, 713-621-8408
Fax: 713-626-2450, 713-627-2034, 713-993-9347
Email: cgi-hou at swbell.net
Website: www.cgihouston.org
Serving: Alabama, Arkansas, Florida, Georgia, Kansas,
Louisiana, Mississippi, Oklahoma and Texas
Brochure on Overseas Citizenship of India (OCI)
1. Eligibility criteria :
A foreign national, who was eligible to become citizen of India on
26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or
belonged to a territory that became part of India after 15.08.1947 and
his/her children and grand children, provided his/her country of citizenship
allows dual citizenship in some form or other under the local laws, is
eligible for registration as Overseas Citizen of India (OCI). Minor children
of such person are also eligible for OCI. However, if the applicant had ever
been a citizen of Pakistan or Bangladesh, he/she will not be eligible for
OCI.
2. Application form and procedure :
A family consisting of spouses and up to two minor children can apply in the
same Form i.e. Form XIX. The form can be downloaded from our website
www.cgihouston.org. The following documents shall be enclosed with each
application:
Three additional stamp size photographs.
Proof of citizenship of applicant(s)
Evidence of self or parents or grand parents
(a) being eligible to become a citizen of India at the time of commencement
of the Constitution; or
(b) belonging to a territory that became part of India after 15th August,
1947; or
(c) being citizen of India on or after 26th January, 1950 these are:-
(i) Copy of the passport (or)
(ii) Copy of the domicile certificate issued by the Competent authority (or)
(iii) Any other proof (or)
(iv) Affidavit
Evidence of relationship as parent/grand parent, if their Indian origin is
claimed as basis for grant of OCI.
Proof of fee payment US $ 275 for each applicant or equivalent in local
currency (US $ 25 or equivalent in local currency for each PIO card holder).
The fee has to be paid in the form of cash/Money Order at the counter or
Cashier's cheque by mail.
PIO card holders must also submit a copy of their PIO card.
The application form completed in all respects along with enclosures should
be submitted in duplicate to the Indian Mission/Post of the country of
applicant's citizenship or where he/she is not in the country of citizenship
to the Indian mission/post of the country in which he/she is ordinarily
resident. If the applicant is in India, he/she can apply to the Foreigners
Regional Registration Officer (FRRO) at Delhi, Mumbai, Kolkata or Amritsar
or Chief Immigration Officer (CHIO) Chennai or to the Under Secretary,
Citizenship Section, Foreigners Division, Ministry of Home Affairs (MHA),
Jaisalmer House, 26 Mansingh Road, New Delhi-110011.
3. Procedure for granting registration :
Initially, the time taken for registration as OCI will be a minimum of 42
working days (6 weeks) from the date of receipt in the Embassy/Consulate
General of India.
After preliminary scrutiny, if there is any adverse information against the
applicant, prior approval of MHA, New Delhi shall be required before grant
of registration. MHA may approve or reject the grant of registration within
120 days from the date of the receipt of the application. If the grant of
registration as OCI is approved by MHA, the Indian Mission/Post shall
register the person as OCI. During this period, the applicants are requested
to refrain from making telephonic/written/email enquiries about the status
of the application.
If the application is filed in India, registration shall be granted by MHA
by following the above procedure.
After grant of registration, a registration certificate in the prescribed
format will be issued and a multiple entry, multi-purpose life long OCI 'U'
visa sticker will be pasted on the foreign passport of the application.
4. OCI registration for PIO card holders:
PIO card holders who are otherwise eligible for registration as OCI may
apply in the same Form i.e. Form XIX and they will be considered for grant
of registration in the same manner as other applicants. PIO card holders
will have to pay a fee of US$ 25/- or equivalent in local currency instead
of US $ 275 for normal applicant. PIO cardholders will have to surrender
his/her PIO card after issuance of acceptance of application and before
grant of OCI registration certificate/visa.
5. OCI registration for persons who have applied on the earlier prescribed
application form :
All such applications will be considered for grant of OCI on the same line
as in para 3 above without seeking fresh application and fees.
6. Cancellation of OCI registration:
If it has been found that the registration as an OCI was obtained by means
of fraud, false representation or concealment of any material fact or the
registered OCI has shown disaffection towards the Constitution of India or
comes under any of the provisions of section 7D of the Citizenship Act, the
registration of such person will not only be cancelled forthwith but he/she
will also be blacklisted for visiting India.
7. Benefits to OCI:
Following benefits will accrue to OCI:
(i) A multiple entry, multi-purpose life long visa for visiting India.
(ii) Exemption from registration with local police authority for any length
of stay in India.
(iii) Parity with Non-resident Indians (NRIs) in respect of economic,
financial and educational fields, except in relation to acquisition of
agricultural or plantation properties
Any other benefits to OCIs will be notified by the Ministry of Overseas
Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.
8. Benefits to which OCI is not entitled to:
The OCI is not entitled to vote, be a member of Legislative Assembly or
Legislative Council or Parliament, cannot hold constitutional posts such as
President, Vice President, Judge of the Supreme Court or High Court etc. and
he/she cannot normally hold employment in the Government.
9. Help Desk:
For any clarification/query on the scheme, please visit the website
www.mha.nic.in or www.indianembassy.org or www.cgihouston.org or contact the
Indian Mission/Post or Citizenship Section, Foreigners Division, Ministry of
Home Affairs, Jaisalmer House, 26 Mansingh Road, New Delhi-110011.
====================
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
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email to taxman at centa.com <mailto:taxman at centa.com>
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consultation and is to be regarded only as general comment. Nothing in
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