H1b under non cap

[inneed123]

Hi

1) my wife got h1b under masters quota in 2008 year.

2) she went to India in 2009 nov.

3) her visa was revoked in 2010 from previous employer.

4) she came to us on L2 visa in 2011 after staying more than year in India.

5) she got h1b approved in February 2013 from different employer under non cap quota. This is valid till October 2016.

Now our question is

1) is she eligible for h1b extension in regular 6 years as she spent one year out of USA? Or she will not be eligible because the second h1b was under the same h1b cap as the first h1b was??.

[jairichi]

Only if a cap subject H1B petition was filed after your spouse stayed outside US for a year she gets fresh 6 years.