From H4 to H1 Cap Exception?

[chennaisen]

I am in US with H1b, my wife is working in India has also have H1b. She got her H1 stamped on Dec 2012, and it is valid till Sep 2013.

She doesn’t have opportunity to work in US with her current employer

I’m planning to bring my wife as a dependent to US in H4. She is interested to work in US, if a new employer sponsors her H1, will she fall under H1 cap?

Please clarify

[t75]

Exempt but she cannot work until approval and H1B I-94 in her hand.

[rohang]

she will be cap-exempt.