goodone

Hi,


I'm an Indian currently in UK on TIER 1(General) visa. I would be eligible for my Permanent residence (UK- ILR) during June 2012. In succession to this i would be eligible to claim my British citizenship during July 2013. I'm interested to work and live in USA for couple of years and then come back and settle in UK.


I've couple of clarifications regarding H1b:

A. I've a H1 petition and following are the details :

Petition no. / Receipt#: XXXXXXXXXXX
Petitioner name: ABC company
Petition Validity: Oct1, 2007-Aug31, 2010
US Consulate to go for stamping: CHENNAI.

Can i now re-use the above petition and go for stamping in London - US Consulate.


B. If the above petition is not valid. I would like to apply for a new petition during April 2013 (as the quota opens during this time). When i file my petition (during Apr 2013) i would be filing on my Indian passport and by the time the petition gets approved (during July 2013) i would be on my British Citizenship. Could i go to the US-consulate in London with the H1 petition with my British passport and get my H1b duly stamped (on my british passport). Or should i get it stamped on the Indian passport and could i transfer the same to my British passport.

If somebody could clarify me the above that would be of great help to me. Thanks in advance for your co-operation.

Noorah101

I'm no expert, but it sounds to me like your petition expired last August.

You can't get the stamp transferred. If you get it stamped in your Indian passport, and then you become a UKC, you will need to carry both passports.

Rene

lisa67

I don't think Indian citizens can hold dual citizenship can they? I'd be very wary getting a visa in a passport that might end up not valid even if the visa is

goodone

Yeah you're correct, Indians cannot have dual citizenship. As soon as i get the british passport i need to surrender my Indian passport. So that's my biggest worry. So not sure how to proceed in such a case. I'm bit confused.

Also i know that by the time i get my British passport (during July 2013) if things are quite good in US, the H1 visas might get exhausted prior to July 2013 itself. so there is highly very little chance to claim a H1. Any thoughts on this?

I would like to thank everybody who has posted their comments on my topic.

MarylandNed

It's a simple process to have a valid H1B stamped into a new passport. This is done frequently e.g. when people lose their passports. Simply contact the US embassy in London. They can look up their records and stamp your new passport.

However, it appears that your H1B has expired (you indicated an expiry date of Aug 2010). So you'll need to apply for a new H1B anyway.

S Folinsky

A consultation with the lawyer might be in order.

goodone

MarylandNed,
Thanks for your response MarylandNed.
You mean to say get the H1 petition filed during April on a Indian passport and go to Stamping on Indian passport and later change the H1 to British Passport??

goodone

Folinsky,
I shall defnitely explain my situation to my H1b sponsor and take a pie from the attorney on the same.

MarylandNed

Yes. Passports expire and get lost all the time and the H1 needs to move from one to the other. I don't see any reason why you wouldn't be able to do the same thing when switching from an Indian to a UK passport. However, you should definitely consult with someone more knowledgeable than me to make sure.