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Name change on H4 visa
Hi guys,
I am working here in US on H1B Visa and I 140 is already approved and immigration petition filed under EB3, waiting for dates to get current. In India I never bothered about last name so my two kids had different last names which didn't coincide with my last name. Since there's a lot of importance here for last name we had so many confusions at schools and other different occasions so I thought of changing the last names of my kids to the same as mine. I asked my American attorney about the consequences of doing this at this stage but he told me to go ahead and get it done as we can change the name at any stage of immigration process with proper eveidence. So after green light from attorney's office I started the process with applying for a new passport with changed name. Our embassy at washington DC issued new passports with changed names after completing all the stated formalities and cancelled the old PPs. Now with these new PPs and the affidavits I asked my attorney's office to get the H4 VISAS in new names as they were being renewed. He submitted the applications with new names but the visas came back with same previous names. When I questioned he again submitted a correction request to CIS which was again rejected saying the names on H4 go as per the I94 and cannot be changed. All this process took several months with a lot of stress and confusion, finally my attorney realized that it can't be done this way but he's clueless about the right way to get that done.
After getting disappointed with attorney I approached CIS my self multiple times through phone and personally at the local offices but most of the officials were clueless. Finally one official told me that there's no procedure to change the name on H4 as per the new PP coz h4 is based on I 94 and he also told me that to get new H4s with new names my kids have to exit out of US and approach any US consulate and there they can be issued new H4s with new names after proper evidence of name change. When I asked him about any problems to exit as the previous PP is cancelled, he said there should not be any problem as both PPs are attached.
It's really very complicated situation and I don't know whether to believe that official and go to India or just continue the same way.My family has plans to visit India this coming summer,if any of our members had any similar experience or heard about it please advise me the right path. I really appreciate your help.
Regards,
Vaj.
I am working here in US on H1B Visa and I 140 is already approved and immigration petition filed under EB3, waiting for dates to get current. In India I never bothered about last name so my two kids had different last names which didn't coincide with my last name. Since there's a lot of importance here for last name we had so many confusions at schools and other different occasions so I thought of changing the last names of my kids to the same as mine. I asked my American attorney about the consequences of doing this at this stage but he told me to go ahead and get it done as we can change the name at any stage of immigration process with proper eveidence. So after green light from attorney's office I started the process with applying for a new passport with changed name. Our embassy at washington DC issued new passports with changed names after completing all the stated formalities and cancelled the old PPs. Now with these new PPs and the affidavits I asked my attorney's office to get the H4 VISAS in new names as they were being renewed. He submitted the applications with new names but the visas came back with same previous names. When I questioned he again submitted a correction request to CIS which was again rejected saying the names on H4 go as per the I94 and cannot be changed. All this process took several months with a lot of stress and confusion, finally my attorney realized that it can't be done this way but he's clueless about the right way to get that done.
After getting disappointed with attorney I approached CIS my self multiple times through phone and personally at the local offices but most of the officials were clueless. Finally one official told me that there's no procedure to change the name on H4 as per the new PP coz h4 is based on I 94 and he also told me that to get new H4s with new names my kids have to exit out of US and approach any US consulate and there they can be issued new H4s with new names after proper evidence of name change. When I asked him about any problems to exit as the previous PP is cancelled, he said there should not be any problem as both PPs are attached.
It's really very complicated situation and I don't know whether to believe that official and go to India or just continue the same way.My family has plans to visit India this coming summer,if any of our members had any similar experience or heard about it please advise me the right path. I really appreciate your help.
Regards,
Vaj.
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