nag_hyd
02-04-2008, 10:57 AM
Hi all,
My wife's H1B visa got rejected in Oct 2007. New Delhi consulate gave a reason for rejection as "Employer in USA is not capable of providing employment".
Her H1B comes under april 2006 quota. When the New Delhi consulate rejected her visa they did not give her I-797 (H1B approval notice ) back to her. They gave her a letter saying that" They have sent the I-797 to USCIS in USA stating the reasons to reject the visa.
So now we don't have the original I-797 with us but we have a photo copy of that.
( And the I797 H1B approval notice is valid till Oct 2009 )
Now my wife got H4 visa as I am on H1 and she is coming to USA now.
My doubt now is, can she apply for change of status from H4 to H1 with the copy of I797??
Any replies are highly appreciated.
Regards,
Nag
My wife's H1B visa got rejected in Oct 2007. New Delhi consulate gave a reason for rejection as "Employer in USA is not capable of providing employment".
Her H1B comes under april 2006 quota. When the New Delhi consulate rejected her visa they did not give her I-797 (H1B approval notice ) back to her. They gave her a letter saying that" They have sent the I-797 to USCIS in USA stating the reasons to reject the visa.
So now we don't have the original I-797 with us but we have a photo copy of that.
( And the I797 H1B approval notice is valid till Oct 2009 )
Now my wife got H4 visa as I am on H1 and she is coming to USA now.
My doubt now is, can she apply for change of status from H4 to H1 with the copy of I797??
Any replies are highly appreciated.
Regards,
Nag