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H1B to H4 then to H1B - subject to cap?

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  • H1B to H4 then to H1B - subject to cap?

    My husband was on H1B for 2 years from 2000 to 2002, then he decided to switch to H4 under me (I'm still on H1B although my employer is doing our GC apps now) to go back to graduate school. Now that he has graduated, he'd like to find a job. Since we havent submitted for I485 hence no EAD (waiting for the priority date to be current), I know he can find an employer to give him a H1B. Unfortunately, the 2007 H1B quota cap has been reached recently. So my question is....is he still subjected to that 2007 H1B cap? Or can he just renew his H1B based on his old one? Please advice. Thanks a lot for your help. - YM