Can some Body please help H1 to H4 Bit complicated scenario

[human1975]

Dear All,

Can some body please spend some time to help us ?

Me and my wife came to USA in July 2005 on L1 and L2 Visa’s .We both got our SSN Numbers. Later in Oct 2006 I changed to H1 (Company Wipro), so my wife got changed to H4. We both went to India in Feb 2007 and got h1 and h4 Visa stampings. Our Visa’s are valid till 2009 May .

Recently I moved to IBM and IBM transferred my H1 to their company.
My Wife is traveling to India in March 2008 and returning back to USA in July 2008

1) Does she need to go for stamping because I changed to different company even though the VISA is valid till 2009 may?
2) We are planning to apply H1 for my wife, but our consultant told me since she will be there in India in April she needs to apply it from India. But she will be returning to USA in July 2008, so she can not go for H1 stamping because she gets her papers in October. Once she returns she will be having only H4 I94 and from October onwards h1 papers. Is there any way that she can transfer her h4 i94 to H1 i94 after she gets her h1 papers. Moreover I think when you are applying from India even you need to mention where you are going for VISA stamping. In her case can she mention Canada? Can she work after she gets her H1 papers without going for stamping?

Thanks a lot for all your help
Human

 

[GotPR?]

1) No new stamp required.
2) She MAY be able to ammend H1 to change H4 to H1.

 

[human1975]

Thanks a lot GOTPR . Cpuld you please provide more details for the second question if you any ? Sorry to to bother ypu again

 

[GotPR?]

Employer may be able to ammend H1 petition to change of status after she comes back to the US, so that she will get I-94 attached to H1 approval notice. If she could get I-94 with H1 approval, her status will be changed to H1 upon Oct 1.
I haven't done it myself, but I'm sure somebody on this board has done it.

 

[human1975]

Thanks GotPR for your valuable time in responding to my question .