Recapturing time left on H1B after a gap of more than one year

[arpanbabi]

Hi,

My wife got her H1B approved for Company A against the CAP of 2007. She was in H1B till November 2010 and her position was terminated. Since then she is on F2 visa and is in India for the last 20 months. Can Company B still apply for a H1B transfer against the same CAP in June 2013 (she has around around 3 years left on that H1B)? Or does she has to apply against the CAP again in April 2014?

Any help would be much appreciated.

Best Regards,

[kabkaba]

Since her last H1B status was within the last 6 years, she is exempt from annual cap.

[arpanbabi]

Thanks a lot, Kabkaba.

I have a follow-up question. Since she would be exempt from the annual cap, can the employer (a for-profit company) apply for the H1B anytime (like in June 2013, though the cap is exhausted for this year)? Or, do they have to wait till April 2014?

I really appreciate the help.

[kabkaba]

They can file at any time.