H4 -> H1 Conversion

[soman]

Experts,

My Wife is currently in USA in H4 and would like to convert to H1 Visa.

She had a H1 Visa stamping with a validity of 16th sept 2006 to 30th sept 2009,

but didn't use that visa till date for travel. When we went for my H1 visa stamping,

she came along with me for H4 stamping, at that time interviewer stamped a as

" CANCELLED WITH OUT PREJUDICE" in her H1 visa.

Question:

1. As my wife is in USA in H4 visa and would like to work, is it possible to transfer her H1 in capexempt category to a employer in USA and change to status to H1 to start working?

2. If it is possible to make use of her old H1, can we intiate transfer when she is USA or she should go to India?

3. To transfer old H1, do we need the copy of that old petition?

Thank you!

[2000k]

Hello All,

I need your help and advice, my wife is currently in India, working for a IT major, there are some chances of she getting a 6-9 month project on shore here in US, wanted to know which would be more preferred:

option 1:on L1 here, then try for H1b later on, after few months or if nothing works change to H4

option 2:directly come here on H4 then look for more options change to H1b if all works

Given the current scenario, which option would be better in terms of visa stamping to make it more a simple process given the paper work and current trends in visa stamping issues

I would appreciate your reply on this and thanks again