H1B- H4 - H1b ( Is new H1b comes under Cap ?)

[b.balachandar]

Hi,

 

My wife got her H-1B petition approved and stamped valid till 2014 with employer A, But her employer not showed any employement. I have valid H1B till 2015, so she joined me on H4 with out using her H1B.

 

Here my questions are

 

1. Is there any chance of using that previous H1B ?

2. If any employer willing to transfer H4 to H1, Is she comes under new Cap?

 

 

please clarify my doubts. Appreciate your help.

 

Thanks,

Chandu.

[pontevecchio]

1. Yes if she finds a sponsor.

 

2. Not usually