Is it cap exemption case?

[VedaM]

My spouse's I797B was valid 10/1/2017 to 8/19/2020. H1B visa also expired on 8/19/2020. She never travelled to USA. Now she has valid H4. Can any employer transfer her H1 and file a new petition under cap exemption once she is here in USA on H4 or while she is in India?

[Attorney_7]

Generally, if an individual has been issued an H-1B visa or otherwise provided H-1B status associated with the approval of a H-1B cap-subject petition, that person will be considered to have been counted against the H-1B cap. I recommend consulting with a qualified immigration attorney to assist with the H-1B filing, and to evaluate your spouse's specific facts.