H4 to H1B status not changed, But USCIS approved the H1B Pettition

[mailtosubbu7]

Hi Everyone,

I applied H1B for my wife this year and she got selected in the lottery, She was already in H4, In between time we went to India and came back by Sep 20, But Her H1B got approved and we received the I797B notice yesterday.

In the I797B they mentioned, "The above petition has been approved for the classification request. It has been determined that the named worker are not eligible for the requested change of status..."
"Event though the named worker ineligible for change of status, they may depart the US and apply for proper visa st a consulate abroad. Then reenter US with based on that new visa. etc.."
"If a visa is issue upon admission in this classification the worker will be authorized to be employed by the petitioner. etc"

Someone please help me How to resolve this issue? without moving out of US. I heard we can do amendment...Even if we apply amendment we can immediately start work ? Or How long does it take?

Thank you for your time..

Regards,
Subu

[kabkaba]

Your travel created this problem. Since she was outside the US, change of status was not possible.

Employer can file an amendment to change her status. But it must be approved before she can start working. It can be filed in premium processing.

If she travels, get the Visa and returns, she can begin working immediately.

[mailtosubbu7]

H4 to H1B status not changed, But USCIS approved the H1B Pettition

Thank you so much for your response,

How much it cost for applying H1B amendment change of status through premium?.

Is there any possibility that we can transfer this H1 to another company if their ready to process?

[kabkaba]

Thank you so much for your response,

How much it cost for applying H1B amendment change of status through premium?.

Is there any possibility that we can transfer this H1 to another company if their ready to process?

Costs the same as any other H1 petition.

She has to work for this employer before it can be transferred.