H1B Petition in consular processing by Mistake

[mgarimella]

My employer filed H1B Transfer. they Attorney by mistake select the wrong check box and applied it by consular notification . Now my H1B petition is approved without i94 and my dependent H4 is denied. However we have valid i94 till sep 2016. Can my employer file amendment for the material error , if yes can it be done in premium processing. How long it takes usually and is it accepted. what is the best way.Thanking you in anticipation.

[shervin143]

Your I-94 associated with employer A doesn't mean anything when you are with employer B. You need a valid I-94 associated with employer B's petition. Since it is your attorney's mistake, I am not sure if amendment can fix it. But they can certainly try. H1B can be filed in premium. There is no premium for H4.