H1B cap exempt

[pithkumar]

My wife is in H4 . She got her H1 in oct 2009, because of some personal reasons we had to go to India and returned back only in aug 2010  .In the meantime her H1 petition was cancelled by her employer . She got her H4 stamped and returned back to U.S .She   did not work at all and payroll wasn't run even once. 

 

My question is  does she fall under H1B cap exempt ?

 

Thanks in advance for any help.

 

 

 

 

 

 

 

 

[jairichi]

She is cap exempt

[pithkumar]

Thanks Jairichi for the quick reply.

 

Can we have any employer apply for H1B extn? Since she doesn't have worked in US, she doesn't have a pay stub for H1B transfer. Will there be any issue?

 

Thanks!

[jairichi]

Thanks Jairichi for the quick reply.

 

Can we have any employer apply for H1B extn? Since she doesn't have worked in US, she doesn't have a pay stub for H1B transfer. Will there be any issue?

 

Thanks!

Yes, any employer can file a H1B petition. If she had quit the job before joining the employer and either changed her status to H4 or left US a new employer could apply with out pay stubs.