H1 --> H4 ---> H1 changing my last name after marriage, impact on recapturing H1B

[priya12345]

HI, 

 

I have worked on H1-B for 5 years and during that period my I-140 is also approved. Priority date is in Oct 2010 hence I-485 is not filed yet. Due to personal reasons I shifted to h4 now after my marriage recently. 

 

I do not have any last name mention in my passport . So i always go by FNU PRIYA. I thought that after marriage I will use my husband last name. My concern is that my old H1b, I-140 are by the name FNU PRIYA. If change my name to PRIYA SINGH (new surname) will that be difficult to recapture the old h1b period and apply for i-485 using old I140. 

 

In short, If last name change happens before applying I-485 what is the problem that can occur and regaining old h1b period (i.e. 3 yrs with i140)

 

Plz help.

[priya12345]

Dear friends, 

 

I consulted attorney for my issue and she said, maiden name change or legal name change has no impact on future I485 filings or recapturing old h1b or filing new h1bs what so ever. And some other key points that would be beneficial for us:

 

* If suppose u r currently on H1b and make changes to ur name change,  Place of birth etc ( ur personal changes in passport) u need not to file amendment. Amendment is only required if any thing related to ur job changes. 

 

* as we all know if you shift from H1b to some other visa, you can still get back to your visa as cap-exempt (filing new h1b with out facing lottery), and time limit to do that is within 6 years from the last date of your status was on h1b. For example : you were on h1b for last 1 year and on 1st Jan 2014 you shift to h4. you have time till 31st Dec 2019 to go and reclaim back your pending 5 yrs of H1b as cap -exempt.