Need Help - Regarding H1-B filing

[deep_usa]

Hi,

During 2008 my wife applied for H1-B in the USA and got approved. Later, due to resession in US, she could not find a job and changed her status from H1-B to H4.

During early 2011, she got a job oppoptunity and again applied for H1-B. But unfortunately, while her H1-B case was pending with USCIS, she had to go back to India due to a Family emergency and could not come back for few months. Hence, her employer withdrew her case from USCIS.

Now, she is back in US, but her employer is saying that she can't work until Oct-2012. I've few questions as below:

1. Is her Employer correct..??

2. I have heard that, once your petition for H1-B is approved in US, then your further H1-B application would not come under H1-B quota and you can apply for H1-B anytime during the year once you get a project/client letter. Is that correct..??

3. When my wife should be able to start working in US legally..?? What should be our next steps..??

Appreciate your response and guidance.

[livliv]

An employer can file cap-exempt petition using previous cap.