Name split in passport after H1-B petition approval and before visa stamping

USA H1B Visa
1

Hi Guys,
Can someone pls advise me on the below?

I have got through the H1B lottery this year.
While filing my petition, my passport had my name in the below format
First name:‘X Y’ and Last name: (last name was blank)

So because of the FNU issue, I got a new passport issued with the name split as
First name:X and Last name:Y

Now while submititng the DS160 form , I understand that the details should match with my passport.

So if i submit my DS 160 form as per my new passport details,then the names in my approval notice/receipt notice will not match my name in the passport and DS 160 form(coz of the name split in the new passport).

I understand that a name amendment needs to be filed for my name change in the approval and receipt notice.

Can you pls clarify if it is possible to get this name amendment done after I get my visa stamped?

Appreciate your quick help! Thanks!

2

If you get amendment done after stamping, then your petition and passport will have different names.

If I were you, I would first get the amendment done and then appear for stamping.

If you plan to travel to US only after correcting the name in the petition, then you don’t lose out on much time when going w/ the 2nd option.

3

Thanks for your reply Saurabh!

I would go with the amendment and then stamping, but my work order will expire by may 2016… So if I go for amendment and then stamping(assuming I go for stamping in Feb 2016) and there if they ask me to submit a client letter with six months validity, I wouldn’t have that. Hence I wanted to know if it is allowed to go for visa stamping and then file a name change amendment??

4

Does your client letter say that project has chances of getting extended? Or can you get something from the client on similar lines?

What is your employer/attorney suggesting?

5

No. It doesn’t mention about extension.i will not be able to get any such documents from them :frowning:

They recommend name change amendment and then stamping. However, for my case they are okay with me going for stamping and then filing the name change amendment

6

ok. Not sure if the passport name needs to be updated after your petition has been corrected.

7

Hey Saurabh, I already have a new passport issued with my name split.

Can you pls tell me why I would need to update my passport name?

The petition was filed with my old passport and after receiving the receipt notice I got a new passport issued. I Will fill the DS 160 with new passport details. So now if I get the visa stamping done, then my approval notice will have old passport name and my visa stamp will have new passport name. So coz of this name mismatch, I will file a name change amendment but AFTER I get my visa stamp. So my clarifications are :

  1. Will it be a problem if I go for stamping without name change done in my approval/ receipt notice?
  2. Will it be a problem if after getting my visa stamped, I go for name change amendment for my petition?
8

They may issue 221g if they see mismatch b/w passport and 797. It will be VO’s discretion. If 221g is issued, then you will have to get petition amended and then re-appear for stamping.

If no 221g is issued, then I am not sure whether they will take passport name or petition name in the visa stamp.

9

Ok. I know of a person with a similar case like mine. He has got the visa stamped as per new passport and he is now planning to file the name amendment.

So, assuming I get the stamping done as per my new passport and i do not get the 221g form. Now when i file my name change amendment after my visa is stamped, will I face any issue while the amendment is processed? like will they raise questions like why is visa stamped for different name and petition has diff name?

10

No, they shouldn’t question visa stamp discrepancy while processing the amendment.

11

Oh… So then I think i should be able to go ahead with the visa stamping and then filing the name amendment coz even if they issue a 221g then they would ask me a name amendment only which anyway I would be filing.

Do you foresee any other issues?

12

I don’t see any other issues related to the name discrepancy.

13

Thank you soo much Saurabh!! Appreciate your quick help and insights!

I had another generic clarification. I have the approval notice for the H1B valid from Oct 5 , 2015 to Oct 4 , 2016(1 year validity) which means I am to get my visa stamped by Oct 4, 2016 right?

Now If i file an amendment , say for exaxmple name change, that would take 4 months,and If i get an RFE for the amendment then that would take another 4 months, assuming this process takes a lot of time and I cross the date of 4thOct,2016 then what would happen to my visa? Will it still be available to me as there would be some amendment process going on for my case? Or will I loose my visa as I crossed the deadline of Oct 4th?

14

If the amendment gets delayed and you are left with <6 months before petition expiration, then you can apply for H-1 extension (technically it’s a cap-exempt petition and not an extension as you are outside of US).

Once approved, you can appear for stamping and get the visa for the extended term.

15

What’s the procedure for “Name Bifurcation”

16

Hi Anky, I’m in a similar situation. Writing to find out the process you followed after the name bifurcation and how you proceeded for stamping.