H1 re apply - Please help

[sid1388_e]

Hello Guys - My wife applied for her H1B on April 2013 and got her H1B on October 15, 2013. However due to emergency, she needed to leave for India on October 21, 2013. So she went for her stamping in  India and got a 221g. However the client said that they would not support when asked by the embassy. So she came back to US in Dec 2013 on her previously present H4 visa. Now again we are planning to apply for her H1B.

 

Questions - 

 

1. What is the way to apply H1B? Do we have to go through the entire process once again?

2. Is she cap - excempt?

3. Her H1 visa(221g) is still in process but most likely will be rejected. Will this impact anything? I mean can we apply for the new H1b while this visa is still in process?

4. Is there any way to recapture her previous H1B?

 

Please suggest a good way.

Thank you very much in advance.

 

 

Thanks,

Sid.

[pontevecchio]

1. Any suitable employer needs to file her H1 petition with COS and she can start on approval.

2. Yes. See 1.

3. Yes

4. You do not recapture a petition. You could possibly claim the 6 years in total based on being capped once.

[sid1388_e]

Thank you :)