H1b Visa cap for H4 to H1, with an earlier H1B petition

san2307

New Member
hi,

My wife initially entered US on H4 in Oct 2007, and then she got her H1 in Oct 2008, but she never joined the company.. and hence did not get any pay stubs. Since we did not want to be out of status, with in 60 days, we changed her status back to H4 by re-entrying US on H4 visa.

Now she was planning on applying for the job..This oct-2014, it will be 6 years since she last got H1b in Oct 2008 .
Will her original H1b petition still be valid. Is there any time period before which she has to apply for H1b again to be exempted by H1b cap. ?
Not sure how the 6 year validity will be considered, as she never started to work on H1B and never got any paystub.
 
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