Canadian Passport and H1B - OCI - Overseas Citizenship of india


Hi, Mr.Ingram. I have been in your website for few day. Lots of info. Excellent Job. I have been working in US (Detroit) 7 years and I landed in canada on 2003. I have my Indian passport with H1B Stamped. I finished my canadian citizenship test last week. If everything goes well, i will become a canadian citizen within a month. Once I become candadian citizen, what will happen to my H1B visa stamped in my Indian Passport? Do i have to surrender my Indian Passport immediately? if so, How long it will take to get Canadian Passport? Do i have to go for h1b stamping for my canadian passport again? I dont want to go for TN and i would like to stay in H1B.

Thank you in advace.
david ingram replies:

You do not have your Indian Passport taken away when you become a Canadian citizen.

You DO officially lose your Indian Citizenship under Section 9(1) of the Indian Act but no one shows up to take away your Indian passport.

And you can still maintain MOST OF THE  status of an Indian citrizen living abroad by applying for the status of OVERSEAS CITIZENSHIP OF INDIA.  This is NOT dual citizenship but is 'almost' dual citizenship.

SEE    for more information.

There is a long wait right now for Canadian passports but you should get it within three months. 

Your H1B in the Indian passport should still be valid until you can get your Canadian passport, at which time I presume you would want to transfer it to your Canadian passport.  I suggest that you discuss the matter with your company's immigration attorney.  The Visa is really the result of  your company's application and you should not do anything without their knowledge. 

Last, but not least, do not make any moves or decisions based upon this answer.  You must deal with your company's lawyer in the matter to maintain your position.