H1 Cap exemption

[manivannanrajah]

Hi,
my wife has a approved H1 from a consultant. But right now she is not planning to take up H1( go for stamping) through him, but come to US through F2. Once she is here she will be trying for jobs. IF she gets a job from a bigger company (H1 stamping through whom might be easier than the consultant, avoiding any 221g) , can the bigger company apply for a fresh H1 for her? Will she be exempt from the H1 cap if that happens bearing in mind that she has already been counted against the cap last year?

If thats not the case how can she start working with this bigger company ?

She will be going for a stamping in sep 08. Is it bad to go for the stamping so late, having got the approval oct 07?

[orion]

Is your title 'H1 cap exemption' justified in anyway?

[manivannanrajah]

My main question is that if she will be exempt from the cap if another company applies for her H1.. hence the heading

[topcatin]

I think your question is "will you be counted again if you have your h1 through the consultant". If your wife comes through F2,why bother about H1 and 221-g headache..when you know that it is risky with consultant?

I dont think she will be counted again when she gets the h1 from a bigger company,wouldnt it be a transfer if she moves from the consultant to the company? So where does new h1 come into play?

When you say "CAP exempt", it also means organizations such as university,NGO,non-profit can apply for the H1 at any time in a year and they are "cap-exempt".

[manivannanrajah]

Since she has not got the stamping yet, (leave alone pay stubs) i thought she cannot get a transfer done. is it possible for us to get a transfer done with jsut the approval?