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Immigration Issues/Apply H1B with new last name (husband's last name) when passport has old last name

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Question
Hi,

Currently I am on H4 visa in US. My employer is applying my H1B visa in April 2013. Can I apply for H1B visa with my new last name (my husband's last name) on the basis of marriage certificate, while my passport  and my H4 visa have my old last name ?
In this case, my H1B application will have different name than my passport. Can it create any kind of problem in my H1B approval ?

Thanks

Answer
Hi,

The issue that you describe is not uncommon. Assuming that the marriage certificate clearly establishes your new legal last name, there is no problem in verifying your identity and thus it is OK that the H1B petition is filed based on your new last name.

It is recommended that you carry original or certified copy of the marriage certificate with you when traveling outside the U.S. If you obtain a correction or amendment of your passport from your country's consulate, then there is no concern about keeping the marriage certificate in your possession to establish identity.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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