I am on L1 Visa and my wife is on L2 visa. She has EAD and is working. Her employer (A) applied for H1b in June 2012. H1b was denied after an RFE for employee-employer relation.
Can her current employer (A) apply for a new H1b with different client immediately? Will this be cap exempt?
Can some other employer (B) apply for a new H1b with a different client immediately? Will this be cap exempt?
Is MTR for denied visa necessary in any of the above cases?
My understanding is MTR is necessary to be in valid status to apply for new H1B. But in this case my wife is on L2-EAD and is in valid status.
Any help in this regards is highly appreciated.