Legal Question in Immigration Law in Texas

Greetings!. I and my wife were in H1 and H4 respectively and it was valid till Aug 2017. My wife left to India for 2 month trip on Nov 2015. During this time, I joined a new company and applied H1 and H4 transfer. While the transfer was pending, my wife attended visa interview in India for old company's petition and got stamped and came to US on Jan 2016. By early Jan 2016, my H1 transfer was approved. On 3rd Feb 2016 My wife's I-539 was denied stating "Title 8, Code of Federal Regulations, 248. I (a) provides that only an alien who continues to maintain nonimmigrant status may apply for a change or extension of status." What should I do at this moment? Can she reapply? If so, can she re apply from here or should she go back to India to apply. Please advice. Thanks,

Asked on 2/09/16, 9:22 pm

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Please call me at (800) 750-1828. Kind regards, RDM

Answered on 2/12/16, 11:01 pm

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