Eligibility for H1 Transfer

[trinitychecker]

H4-h1-h4-h1

Hi,
My wife applied and got H1 about 4 years ago. But she never accepted(never on payroll, so was on H4) and later got extension for H4 along with my H1. H1 that she got long time ago has also expired about year ago. If she has to apply for H1 now, will it be H1 transfer or does needs new H1(under H1 cap and unfortunately it is over for this year). I would appreciate any inputs on this. Thanks a lot

 

[trinitychecker]

Hi, I just read this law from one of the archives.
The law says:
AC21 Section 103 and Section 114--Exemptions from the H-1B FY Cap
As of October 17, 2000, the following beneficiaries of approved H-1B petitions are exempt from the H-1B FY cap:
(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B;


"My wife applied and got H1 about 4 years ago. But she never accepted(never on payroll, so was on H4) and later got extension for H4 along with my H1. H1 that she got long time ago has also expired about year ago. If she has to apply for H1 now, will it be H1 transfer or does needs new H1(under H1 cap and unfortunately it is over for this year). "

Can someone please confirm that my wife is eligible for her H1? If so can she work with just the receipt or do you suggest premium processing?