h1b-cap-excempt

USA H1B Visa
1

Hi,

	My spouse got her H1 approved during May 2009 but she did not use it. It might have got cancelled. Meanwhile I got.my L1 in 2011 and travelled here in L1 on April 2011. She came in L2. In 2012 Jan I converted from L1 to H1and she moved to H4.  Now she wants to work by using her cap excempt quota. Please let me know if she is still eligible for doing a cap excempt based on her previous approved H1 as her H1 was approved almost 5 years back?
	
	Thanks,
	
	RR
2

If she has a valid H1B Visa stamped in 2009 and if her Sponsor/Employer hasn’t cancelled/revoked it yet, then she is eligible to apply for a Cap-Exempt H1B within the 6 Year period from the Visa start date.