H-1B options with permanent residence in U.K.

[utubey]

Hello,

I am new to this forum and was wondering if I could get some inputs from you folks. I have been residing in U.K. since 2001 and also have permanent residency. I am also eligible now applying for U.K. citizenship and I am planning to take my exam this March.

I have been planning on going to U.S and at the same time dont really want to lose the advantage of having U.K. citizenship. So, if I apply for H-1B now (for the Oct 2007 quota), it would be filed against my original national passport (India). Now, if I get U.K. citizenship by June/July, my Indian passport will be void and so will be the H-1B visa. I either have to wait for next year's quota or completely drop off applying for U.K. citizenship (which I dont want to lose). Basically, I want to try to move to U.S. this year if possible with U.K. citizenship. I hope I am being clear. If you have any ideas on what all options I have, it would be great if those are shared.

thanks

[easylife4me]

i have a similar case..
can anyone please help

[RobinLondon]

Unless you're married to UK citizen, a condition of naturalising in the UK is for you to intend to make this country your home. Whereas no one is stopping you from ever leaving the UK for the US (or anywhere else!), an application for US immigration whilst you're simultaneously filing your UK naturalisation form indicates that at the time of application, you had no intention of remaining in the UK. That constitutes provable fraud.

Who's to say that you'll ever be caught if that's what you do. You just need to be aware of the rules, the law and the risk that you're planning to take.

[utubey]

I understand what you mentioned in regards to the legalities behind applying for U.K citizenship and I realise the risks I would be taking. But I really want to find out if there is anyone who applied for H-1B just before applying for U.K citizenship and what were the process details of the same.
Basically if I apply for H-1B now and I get it, it will be based on my Indian passport. Would I be able to use the same H-1B approval against my U.K passport (after UK citizenship is through), as my Indian passport will be void/cannot be used legally to enter into another country.

[Marco 72]

Unless you're married to UK citizen, a condition of naturalising in the UK is for you to intend to make this country your home. Whereas no one is stopping you from ever leaving the UK for the US (or anywhere else!), an application for US immigration whilst you're simultaneously filing your UK naturalisation form indicates that at the time of application, you had no intention of remaining in the UK. That constitutes provable fraud.

I really don't think so, since H1B is not an immigrant visa. The fact that it can be used in order to get a green card is irrelevant: it's perfectly possible to apply for an H1B visa and intend to stay in the UK in the long term.