Eligibility for H1B Cap Exempt

[srinivasa.dt]

Hi All,

 

My wife Traveled to USA on H1B visa and stayed from 2010 July to 2011 January.

 

her visa got expired and she renewed it in India and had validity from 2012 to 2013 she does not had stamping for this, during this validity period she came to USA on H4.

 

she resigned from the company from which she got her H1B.

 

Now suppose if she wants to do a job, we know that we have to convert from H4 to H1B but to do this, Do we need to apply non-cap or cap exempt H1B as she had approval earlier?

 

Appreciate if someone can help on this matter.

 

[jairichi]

Yes, an employer has to file a cap exempt H1B petition. On approval she can work.

[ashuneel]

New employer can apply for cap exempt H1B as she had approval earlier.