CSC : Correcting Errors Relating to Name for Certain NIV Categories Posted Jan 05, 2007 ©MurthyDotCom The California Service Center (CSC) provided some guidance on how to address errors in names made in connection with certain nonimmigrant visa (NIV) statuses that are filed using the Form I-129. We at the Murthy Law Firm are often asked about errors in names on the H1B, or other approval notices, like surnames being interchanged with given names or typos in names, and what one can do about these. This CSC guidance will prove helpful. If supporting evidence bearing the correct name accompanies a case, the CSC says that they will correct name errors made on the I-129 form. In this situation, CSC will correct the mistake without requiring that the employer file an amended form or pay an additional fee. Otherwise, if the underlying evidence was not included with the Form I-129 petition filing, then an Amendment must be filed. The Form I-129 is used for nonimmigrant work categories, including H, L, O, P, and Q, as well as being available for extensions or changes of status for Es, Rs, and TNs. ©MurthyDotCom Verify Birth Certificate and Other Documents for Correct Legal Name ©MurthyDotCom At our firm, we see many situations with mix-ups surrounding names. This is the subject of our December 4, 2003 MurthyDotCom article, Last Name First : No Joking Matter! ©MurthyDotCom Employers are urged to be careful when filing I-129s with respect to names and spellings. Double-check the birth certificate and supporting documents, including school records and passports, for consistency. Foreign nationals often use shortened names, nicknames, initials, or other variations in the workplace. These informal name changes should not be repeated while filing legal documents like immigration forms. It is also important to check the name order, as cultural differences often do not follow the Western concept of "first, middle, and last" names. ©MurthyDotCom While the CSC says that they will correct name errors in those instances where supporting evidence reflecting the correct name is submitted with the case, this may not always go quickly or smoothly. If a case was filed using premium processing, it is reasonably likely one will be able to contact the CSC to make the request. However, if premium processing was not used, it will likely be more difficult and time consuming. ©MurthyDotCom Submit Evidence with Filing ©MurthyDotCom If the supporting evidence that bears the correct name is submitted after the decision on the case, then the CSC will only correct the mistake if the employer files an amendment along with the required filing fee. In order to obtain the correction without an amended filing, the evidence showing the correct name must have been filed with the initial case filing. ©MurthyDotCom Long Names Cut Short in Database ©MurthyDotCom The CSC also issued a statement regarding the number of characters (letters) of the English alphabet that can be keyed into their database for names. This can be a problem for individuals with names that are quite long. Currently, the maximum numbers of letters that can be entered on receipt notices, approval notices, and I-94 cards are as follows. Last names: 30 characters; first and middle names: 18 characters (each). No information was given as to how one may address names that exceed the permitted number of letters. Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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