Optons for H4 to H1

[guppilovesIndia]

Hi,
i am in United states since 2007 ( did my masters here) and currently on H1B. My green card has priority date of July 2010 (EB2 India) and considering the present circumstances, i don't think this would move.
My wife ( who is a PhD in biochemistry from a reputed institute in India) moved to US in 2008 and is on H4. she was doing a volunteer as research assistance with one of the professor in a university. now the university says they can't accept H4 visa holders for volunteer position as well and of course they can't sponsor H1 as its a federal funded department in the university.

its highly frustrating for me/my wife who is so highly skilled and still can't work in US. we have even decided to back to our home country if things does not work out here.
before making the ultimate decision, i would like to ask the experts in this forum as what are the options for my wife :

1. are there options to go from H4 to H1? if yes, what are they
2. are there any other options so that my wife can work in United states?
3. can she go back to J1 ( she got her PhD degree in 2009)

she is very passionate about research and have few national/international publications.

would highly and greatly appreciate if experts can guide us to the right path here

Thanks
Guppi

[raghvi]

Hi,
i am in United states since 2007 ( did my masters here) and currently on H1B. My green card has priority date of July 2010 (EB2 India) and considering the present circumstances, i don't think this would move.
My wife ( who is a PhD in biochemistry from a reputed institute in India) moved to US in 2008 and is on H4. she was doing a volunteer as research assistance with one of the professor in a university. now the university says they can't accept H4 visa holders for volunteer position as well and of course they can't sponsor H1 as its a federal funded department in the university.

its highly frustrating for me/my wife who is so highly skilled and still can't work in US. we have even decided to back to our home country if things does not work out here.
before making the ultimate decision, i would like to ask the experts in this forum as what are the options for my wife :

1. are there options to go from H4 to H1? if yes, what are they
2. are there any other options so that my wife can work in United states?
3. can she go back to J1 ( she got her PhD degree in 2009)

she is very passionate about research and have few national/international publications.

would highly and greatly appreciate if experts can guide us to the right path here

Thanks
Guppi

There is a proposal to allow certain H4 to work, but dont know how soon would be implemented. So hang in there.
As for other options yes H1 cap subject or cap exempt should be possible, Cap subject she would have to find and sponsor and earliest she can move would be in Oct 2015.
There are cap exempt institutions which need not go through the annual quota read around to determine such institutions.

I dont know if she can move to J1 or not.

This is my opinion not legal advice.