Last Name change in Passport, Applying for H-4 with New Name, while having approved H1 and SSN on old last name


llateef

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Hi All,

I am in a bit of confusion with the name change.

 

My wife came to US in 2010 after our marriage with her maiden last name in the passport and on H4. She started her H1 in Oct 2013 and got SSN with her maiden last name. In November 2014, we applied for COS from H1 to H4, as her project got finished. The case is now pending with USCIS.

 

Now, she is in India for few months (January-April 2015). She is planning to go to US Consulate to apply for H4. Her passport in expiring in a year's time.

 

Here are my questions, someone who has gone through a similar process, please advice.

 

1) Can she get a new passport with my last name and go for stamping and get H4 visa with my last name?

Assuming that works,

2) what happens to her H-1? Do we not have to worry as she will be on H4 by then?

3)When she gets a job in future, Does USCIS treats her as a fresh H1 case and subject her to H1 Cap, because of name change? 

4) How about SSN? Is it just a matter of showing marriage certificate at SSN office to get a new card with my last name?

 

BTW, I am on H1 with Labor and I-140 cleared.

 

Thanks in advance for your responses.

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