For a previous H-1b holder, would I be Cap Exempt when converting from H4 to H-1B?


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My wife is currently on H-1B visa. She wants to take a break from work for ~1 year. She will have to change her status to H4. Now after 1 year, if she wants to start working again and finds an employer, can the employer apply for H-1B without the lottery? Or does she have to go with the lottery again for the H-1B? Below are more details

1. She will complete her 6 years on H-1b by this September.

2. She had her labor approved

3. Her I-140 might be approved in the next 30 days.


I would appreciate if someone can point to USCIS official documentation on this. Thanks in advance for your help 

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