H1 to h4 to H1

[praveen.mahadevaiah]

Hi , My wife had h1b Visa and we converted to h4 in October 2010 due to maternity. Her H1B petition got expired in september 2010, but she has never crossed her 6 year limit on H1. Can she apply for change of status to H1 using her old petition with a new or old employer or does she have go with all new petition again. Is she exempted from Visa cap..? 

Thanks 
Praveen

[jairichi]

Hi , My wife had h1b Visa and we converted to h4 in October 2010 due to maternity. Her H1B petition got expired in september 2010, but she has never crossed her 6 year limit on H1. Can she apply for change of status to H1 using her old petition with a new or old employer or does she have go with all new petition again. Is she exempted from Visa cap..? 

Thanks 

Praveen

She is cap exempt. An employer can file a cap exempt H1B petition anytime and on approval she can start to work.

[pontevecchio]

She can have any H1 sponsor file a NEW NON CAP H1 petition with COS from H4 and get her remaining H1 time. H4 periods do not count.

[rahul412]

Yes, she is cap exempt.