Does H4 to H1-B conversion falls under CAP count?


My wife is currently on H1 VISA through a company X. I would like to change her status to H4 through my company Y for certain period of time and then wants to convert her status back to H1. My question is 'Will she fall under CAP count to change her status to H1 or can she change the status to H1 at any time with CAP exemption if any employer is ready to do H1"? Her H1 VISA expires in Nov,2013. So please suggest.



She can file cap-exempt petition in future on the basis of currently approved petition. No need to go through cap again.

Thanks Saurabh. So my wife can change her status back to H1B anytime after H1B gets expired [Nov,2013] right with CAP exempt ? Appreciate your suggestions.Also, any company can apply for H1 transfer or it will be just COS to H1 from H4 ?

Yes, it can be done even after current petition gets expired.

If same employer wants to file, then it will H-1 extension + COS. If a different employer wants to file then it will be H-1 transfer (w/ extension) + COS. Just the COS is filed only if it happens prior to current petition expiration date.