Last name different in Passport and USCIS documents

B

bkv

Registered Users (C)
Hi

Can anyone please help me with this issue

Last December we filed our I-485 . My wife has a her Maiden name on the Passport, but her I-485(pending),EAD, A.P SSN, License... all have her Last Name as my Last Name(i.e Family Name), Would this create problem at her POE when she uses her A.P since her Passport has her Last name as her Maiden Name and A.P has her Last Name with my family name. She is right now in India and plans to in couple of months.
 
bkv said:
Hi

Can anyone please help me with this issue

Last December we filed our I-485 . My wife has a her Maiden name on the Passport, but her I-485(pending),EAD, A.P SSN, License... all have her Last Name as my Last Name(i.e Family Name), Would this create problem at her POE when she uses her A.P since her Passport has her Last name as her Maiden Name and A.P has her Last Name with my family name. She is right now in India and plans to in couple of months.
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It's better to keep names consitent. As all other documents except passport have her new last name, it's better to get a new passport with new last name. As she is in India, she can do in India. I don't think it will take more than month (depends on where she live, though).
However, I don't see any issue in POE if she can establish the reason for inconsitency - by showing AP, I-485 receipt, EAD, passport and a copy of marriage certificate.
 
If she applies for the new Passport with my family name, I guess the Old Passport will no longer be valid. i.e Visa stampings, Immigration entries etc . We recently did our Canadian Immigartion also and the apssport has these entries.
Would this create an issue since we submitted the Old Passport copies for all her USCIS related Documents.
Since she is India, and would come only after couple of months, getting a new passport should not be an issue.

I just want to make sure, before I go ahead.Thanks a lot for your valuable time
 
bkv said:
If she applies for the new Passport with my family name, I guess the Old Passport will no longer be valid. i.e Visa stampings, Immigration entries etc .
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She has her AP for reentry. If she has valid visa on stamp and she wants to retain that (and use it for reentry), she can apply for re-stamping (on new passport) at US consulate.
In any case, it's always advisable to keep the old passport (though it's invalid) and new passport together. But show only new passport first. Keep old passport handy, in case any situation arises.
 
She has a valid H4 visa stamp on her Passport, Can she use it to come back even though she used her EAD before and has AP.
 
bkv said:
She has a valid H4 visa stamp on her Passport, Can she use it to come back even though she used her EAD before and has AP.
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No. Her use of the EAD was a violation of her H4 status and therefore canceled the visa stamp. She'll need a new stamp, or use AP.
 
bkv said:
If she applies for the new Passport with my family name, I guess the Old Passport will no longer be valid.
----- yes it will be cancelled and they will return it to your wife
i.e Visa stampings, Immigration entries etc .
---- passport office has nothing to do with Visa stamp in cancelled passport and they cany cancell Visa on it
We recently did our Canadian Immigartion also and the apssport has these entries.
------ you can update Canada consulate with new passport first page
Would this create an issue since we submitted the Old Passport copies for all her USCIS related Documents.
---do you mean Canada consulate? you can update new passport first page with file#
Since she is India, and would come only after couple of months, getting a new passport should not be an issue.
------ if you know any agent who sits near passport office one can get new passport copy in 1 day 9 you have to pay what is called "Chai Pani"
I just want to make sure, before I go ahead.

---- in future she shold keep both the passport NEw and Old cancelled stapled
Thanks a lot for your valuable time
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TheRealCanadian said:
No. Her use of the EAD was a violation of her H4 status and therefore canceled the visa stamp. She'll need a new stamp, or use AP.
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---- if she used EAD and still have Valid H4 visa stamp she CAN enter US with that valid H4 Visa stamp and no need of new H4 Visa stamp she will get I-94 based on H4 visa stamp validity ( if primary is still on H1 status). if one is on H4 and used EAD one can again enter on H4 status if one has H4 valid Visa stamp in passport or gets H4 visa stamp
 
ginnu said:
---- if she used EAD and still have Valid H4 visa stamp she CAN enter US with that valid H4 Visa stamp and no need of new H4 Visa stamp
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No, no, no. Violation of a non-immigrant status automatically cancels the visa stamp for that status. Working on the EAD violates H-4 status, ergo, bye-bye H4 stamp.
 
bkv said:
She has a valid H4 visa stamp on her Passport, Can she use it to come back even though she used her EAD before
----- yes she can enter on H4 status if she has valid H4 visa stamp in passport


and has AP.
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TheRealCanadian said:
No, no, no. Violation of a non-immigrant status automatically cancels the visa stamp for that status. Working on the EAD violates H-4 status, ergo, bye-bye H4 stamp.
--- pick up your phone and talk to Murthy law office or Cyrus Mehata NYC lawyer law office( www.cyrusmehata.com) 4 days back a lady who used EAD came back on H4 she had H4 valid stamp and she was admitted on H4 status by JFK. She took the advice from both the offices.
also search Murthy Chat you will find answer

where is the law or regulation Memo what you are trying to say? we have only Memos issed back in 2000, 2001.
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Using EAD will not invalidate your valid H1B

I used my EAD for 4 mos (485 stage), last year and have a valid H1 stamp till oct-2004.
I entered on Feb-2004 on existing valid H1 and at POE they stamped I-94 ON H1. I never showed up my AP or EAD for that matter.No questions asked.
I went to my country to bring my wife on H4.
I am having AP for past 1.5 yrs, but since i had valid H1 stamp i never used AP.I renewed my EAD,AP this year w/t any problems, had there been one those request could have got denied.
My wife had also the same case, but no questions asked.
I wonder how would USCIS come to know if an H4 visa holder used her EAD, I-9 form is only retained by the employer.
There have been lot of posts in forums regarding H1B and EAD back-forth.Those dilemmas should be put to rest.

BTW :) i never spoke to any attorney Khanna/Shusterman/Murthy/Bretz. No article says , if you use your EAD, a valid H1B gets invalidated.

Disclaimer
------------------------
Not a legal expert, try at your own risk.
 
Last edited by a moderator:
ginnu said:
pick up your phone and talk to Murthy law office or Cyrus Mehata NYC lawyer law office( www.cyrusmehata.com) 4 days back a lady who used EAD came back on H4 she had H4 valid stamp and she was admitted on H4 status by JFK.
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First off, I really wish you'd use the quote function properly, so that others don't have to spend extra time and effort cutting and pasting when we wish to quote, and it's much easier to read.

I have two questions for you:

First, is working (wether authorized or not) a violation of H-4 status?
Second, does a violation of non-immigrant status automatically cancel the visa stamp?

Just answer these two questions. :)
 
jish said:
I entered on Feb-2004 on existing valid H1 and at POE they stamped I-94 ON H1. I never showed up my AP or EAD for that matter.No questions asked.
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Just because CBP wasn't aware that you had used the EAD doesn't mean that violating your H-1 conditions with the EAD doesn't invalidate the visa stamp.

No article says , if you use your EAD, a valid H1B gets invalidated.
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See the questions I posed to ginnu. If you use your EAD to work for an employer other than your H-1 sponsor, you have violated your H-1 status and lose it. If you violate a non-immigrant status, the stamp is automatically canceled.
 
TheRealCanadian said:
If you use your EAD to work for an employer other than your H-1 sponsor, you have violated your H-1 status and lose it. If you violate a non-immigrant status, the stamp is automatically canceled.
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If you working on H1 and use EAD for 2nd job (or parttime job), you don't loose H1 status - as long as you keep working for your H1 employer. However, if leave your H1 employer and take a new job using EAD, you loose your H1 status. This is my understanding.
 
pralay said:
If you working on H1 and use EAD for 2nd job (or parttime job), you don't loose H1 status - as long as you keep working for your H1 employer. However, if leave your H1 employer and take a new job using EAD, you loose your H1 status. This is my understanding.
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No way. As soon as you started the second job without H1 you are voilating your H1 status. So loose the H1 status.
 
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