I have got a problem regarding my wife H4 to H1B transfer.Raemarie Cistaro has referred your name.We married on Dec 19th. We went to US consulate in Madras(Chennai at present) on Dec 23.At that time what happened is We think we both can go into the US consulate and thats why I kept her stamping documents randomly so that I can help her inside the consulate. But at the gate they only allowed her thats why I can't go inside. At that time I have two H1B notice of actions from two different employers. I kept both in the file. In those two H1 notice of actions One is with which I got stamped when I came to US. The other one is which I got here after coming here. As I want to stay on the first H1 only I didn't went stamping. But at the time of stamping my wife mistakenly given the H1 which I got after coming here. But the consulate people stamped her visa with that notice of action eventhough it differs from the one with which I got stamped. The one with which I got stamped expires on Sep 1st 2000. The one with which my wife got stamped expires on Apr 1st 2001. At the port of entry in New york what happened is I am first in the line and my wife is after to me. So they mentioned on I-94 admitted until as Sep 01. As my wife is after to me instead of seeing her visa they mentioned the same date ie Sep 01 on her I-94 also.
After coming here I applied for her H4 to H1 transfer on Mar 17th. Her change of status is approved on Aug 31st. But as the cota for 2000 is over they issued her H1 in 2001 cota. That is her H1B status starts from Oct 1st even though they issued on Aug 31st. But in the attachement to I797b they mentioned the consulate as Chennai. And in a form I-797(8/03/90)Y they have written like this:
DENIAL NOTICE FOR EXTENSION OF
STAY/CHANGE OF STATUS FOR ALIEN
On March 16,2000, you filed a petition for Nonimmigrant Worker(Form I-129) on behalf of the alien listed above. You have been informed of the decision rendered on the classification portion of the petition. The portion of the petition requesting a change of status for the alien is now being denied for the following reason(s):
The validity of this petition commences after the alien's authorized stay in the United States expires.
A denial of an extension of stay/change of status may not be appealed. However, a petitioner may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. This motion must be filed in writing and signed by the petitioner, attorney or representative of record and accompanied by the proper filing fee of $110.00 within 30 days of this decision. Amotion to reopen or reconsider must state new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any evidence and any pertinent precedent decisions.
So right now whether she is out of status or in status. And what we have to do to get her H1 valid.