H1B Visa Filing for Expired Application


My Wife’s H1B expired on 1st oct 2011 and she last went to US in may 2010 for 1 month, since than she is in india

Also, her i140 is approved with the same employer in 2009.

Can anyone please let me know if she files H1B now, will it be in CAP Quota or without CAP.

Also is I140 priority date considered if her new H1 B gets filed with another employer

H1B petition is approved in 2011, as such a Cap-Exempt petition can be filed anytime before 2017 (6 years from 2011)