H1B marrying a USC

Old Jan 5th 2011, 12:13 am
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Default H1B marrying a USC

did not find the answer to this in the wiki or through a search so thought I'd ask on behalf of a friend who's an H1B visa holder and just married a USC. She's being told by a lawyer she has to refile her H1B petition under her new name before even starting the whole marriage-based GC deal. Does this sound right? And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?

Last edited by wordfool; Jan 5th 2011 at 12:33 am.
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Old Jan 5th 2011, 12:37 am
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Default Re: H1B marrying a USC

Originally Posted by wordfool View Post
She's being told by a lawyer she has to refile her H1B petition under her new name before even starting the whole marriage-based GC deal.
Rubbish! Her unmarried name is still her legal name whether or not she takes the surname of her husband!


And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?
It's the same process for everyone! Understand though, that if she's already in the US on a valid visa, she doesn't need a "marriage visa". She wants to marry a USC and adjust her status. Have her read up on "adjustment of status".

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Old Jan 5th 2011, 1:18 am
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Default Re: H1B marrying a USC

Originally Posted by wordfool View Post
did not find the answer to this in the wiki or through a search so thought I'd ask on behalf of a friend who's an H1B visa holder and just married a USC. She's being told by a lawyer she has to refile her H1B petition under her new name before even starting the whole marriage-based GC deal. Does this sound right? And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?
No, she does not need to refile her H1B petition under her new name.

Have your friend register here on BE so she can ask her adjustment of status questions directly, much better that way.

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Old Jan 5th 2011, 5:20 pm
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Default Re: H1B marrying a USC

Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
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Old Jan 5th 2011, 5:43 pm
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Default Re: H1B marrying a USC

Originally Posted by gmedina View Post
Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
I personally don't think you have to go through all that on your H1B. You can legally be known by your pre-married name; you can have some documents in your pre-married name, and some in your married name.

You can always have a 1-time consultation with an immigration attorney to double check (use your own attorney, not the company one).

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Old Jan 5th 2011, 6:14 pm
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Default Re: H1B marrying a USC

I agree with Ian and Rene. If you want to keep you company's attorney happy why not just continue to use your maiden name with the company?

Regards, JEff


Originally Posted by gmedina View Post
Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
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Old Jan 5th 2011, 11:53 pm
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Default Re: H1B marrying a USC

Originally Posted by gmedina View Post
I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband.
It is an overtly discriminatory act to compel a woman to update her name on federal documents due to a change in marital status. Your single name is always your legal name regardless of any other name you choose to use.

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Old Jan 11th 2011, 12:21 am
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Default Re: H1B marrying a USC

When I married my husband back in 2002 I was on an H1-B. All I did was apply for an adjustment of status. I think that was the I-130 and I-485 plus there's a form for a work card while they adjust your status and some other stuff. Just look up "adjustment of status" there are several places on the web that explain it. You may not be able to change your name on your SS Card and driver's license until after you receive your new work permit. Back when I did it they gave me the work permit the same day I filed all the forms last I heard they were taking a few months to process the work permit.

Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
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Old Jan 11th 2011, 12:47 am
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Default Re: H1B marrying a USC

Originally Posted by kwisking View Post
When I married my husband back in 2002 I was on an H1-B. All I did was apply for an adjustment of status. I think that was the I-130 and I-485 plus there's a form for a work card while they adjust your status and some other stuff. Just look up "adjustment of status" there are several places on the web that explain it. You may not be able to change your name on your SS Card and driver's license until after you receive your new work permit. Back when I did it they gave me the work permit the same day I filed all the forms last I heard they were taking a few months to process the work permit.

Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
This is how I did it as well: easy-peasy.

As far as the EAD (work permit) goes, they must statutorily issue it within 90 days of filing the application for the EAD, provided that you have submitted a valid AOS application.
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