H1B - H4 and now looking for H1B

[tarunparmar]

Hello, 

My wife was employed earlier and had to quit job in Oct 2013 to be with our new born baby. In Jan 2014 she travelled out of US and entered in April 2014 on H4 visa.

Now if she wants to apply for job what are her chances of getting H1B and how soon can she start working?

Since Cap for this year is full so does she need to wait till next year or would she be cap exempt?

[omshiv]

She is cap exempt..her employer can apply anytime.

[jairichi]

Hello, 

My wife was employed earlier and had to quit job in Oct 2013 to be with our new born baby. In Jan 2014 she travelled out of US and entered in April 2014 on H4 visa.

Now if she wants to apply for job what are her chances of getting H1B and how soon can she start working?

Since Cap for this year is full so does she need to wait till next year or would she be cap exempt?

An employer can file a cap exempt H1B petition anytime and on approval she can start working immediately.

[pontevecchio]

She is eligible for 6 years minus time already spent in H1 status and not subject to quota. An employer can file and get her H1 petition approved with COS and she can start on approval.