VISA Error on Wife and Kids passport

[vijayganti]

Hello

I am reaching out to you in regards to a VISA error in the case of my wife and Kids. My wife and kids ( aged 5 & a year and a half) all have been wrongly categorized as H-1B instead of the H-4 category ( the DS-160 application at the time of VISA application had the right category filled)and their VISAS had the class H1-B stamped. However, all other information on their VISA is correct such as stating me as Principal Applicant under the "Annotation" section of the VISA stamp.

We traveled to the U.S. in last October since the error was less obvious and due to other details being correct ( as stated above) and to compound the error the CBP at the port of entry issued I-94 with H1-B classification.My family along with me are currently based at San Diego.

This error was discovered by the company attorney in the process of converting me to a full time hire ( I was working as a contractor) and as part of the process apply for a petition for H4 transfers of my family. Currently, my family members have valid I-94 on the old petition ( my petition for transfer has been approved and I have a new I-94 along with the I-797). However, due to the above error, the petition for the H4 for family could not be applied.

I have visited the local CBP and USCIS offices and both have acknowledged the error but expressed their inability to correct this. The DS-160 application at the time of processing in India had the right category for which i was applying.

Could you please suggest how to handle this situation without a travel to India for my wife and kids?

Regards,

Vijay