Passport & I-797 Name Mismatch

[Sana S]

Hi All,

I need your help in understanding name mismatch issue before my visa stamping. 

I got my H1-B approval this summer and traveling to India in December for stamping. My surname in the passport is blank. Hence I have applied for a new passport splitting my name so that I can remove all reference to FNU. I have already filled my DS-160 with the old name and have got a visa appointment as well. 

My concern is as follows:

1. Do I need to file a new DS-160 with the new passport details and split name? Does this mean I will have to reschedule my interview?
2. Do I need to amend my I-797 to reflect the split name before I go for my visa stamping in India? My employer's attorney is saying that I do not need to amend my I-797 but if I want to it will cost around ~$5k and asking me to get permission from my manager to go ahead with the amendment.
3. Also, can I apply for DL in California with name mis match?

Here are some additional details:

• Old Passport Given Name: "ABC XYX" & Surname: Blank
• New Passport Given Name: "ABC" & Surname: "XYZ"
• I-797 Name:  "ABC XYZ, FNU"
• DS-160: "ABC XYZ, FNU" and old passport details
• SSN: First Name: "ABC" & Last Name: "XYZ"

Very much appreciate your assistance. Thank :)

 

 

 

[shekar11#]

1) You can fill a new DS-160 with new passport details and just take that with you and submit it on your finger printing appointment. That should be easy instead of cancelling and re booking an appointment which is not recommended.

2) Go with your employer's attorney word.

3) Not sure.

[Canucks_H1bRenewal]

In my friends case, his first name was spelled wrong in the approved I-797. He works for the same company as I am and he filed an amendment to fix the name. Did not charge my friend anything.