H1B transfer from India denied for my spouse, other options required to get a H1

[jay050119]

Hi,
I'm a H1B visa holder and in India and my wife has a h1b from an MNC in India.Her H1B validity is till 30-Jun-08.
We tried to transfer my wife's h1b to a u.s. consultant from India. This transfer was denied by USCIS.

Now, My consultant says that she can get a H4 using my h1B and enter into U.S, then she can get a job in the U.S and apply for H1B using the same quota of her existing H1b(not the new quota of 2008 or later).

Is this statement of the consultant correct? Does it have some riders in it like such changes has to be done only within the U.S etc.

We have lost 5 months in the process of her transfer. Please help. We are struggling to find the right answer.

Thanks in advance
Jay

 

[ginnu]

Hi,
I'm a H1B visa holder and in India
-------------------H1 B visa is for work in US, In India you dont need H1. It seems to me that you have H1 and working in US and at present in India
and my wife has a h1b from an MNC in India.Her H1B validity is till 30-Jun-08.
-------------------How your wife can have H1 from MNC in India???? only US employer can file H1B. I dont know what you are trying to say

We tried to transfer my wife's h1b to a u.s. consultant from India.

This transfer was denied by USCIS.
------------------------ Transfer can be filed in US if one has valid H1 status with Valid I-94 and latest Paystubs and new US employer ready to file H1 Transfer.
Now, My consultant
---------------if this is the same consultant from India who filed H1 from Indioa then dont belive him
says that she can get a H4 using my h1B and enter into U.S, then she can get a job in the U.S
----she cant get Job as she will be on H4
and apply for H1B using the same quota of her existing H1b(not the new quota of 2008 or later).
----------------------- if you have H1 B and she is your spouse then she can get H4 visa stamp and can enter US on H4 status. She cant work on H4 status in US. after she reach US and if she finds US employer then that employer can file her H4 to H1 Change of status and she will be able to work after H4 to H1 change of status is approved (can take 4-6months)

Is this statement of the consultant correct? Does it have some riders in it like such changes has to be done only within the U.S etc.

We have lost 5 months in the process of her transfer. Please help. We are struggling to find the right answer.
------------------------- where is this consultant????? India or US???? He does not know how to file H1 transfer and dont know what is Transfer or Change of Status. He/she is giving wrong advice
Thanks in advance
Jay

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