My wife worked on H1-B visa until 12/2003, but due to loss of job we filed for her H4 2 months ago.
As per reaching H1-B cap, I came to know that new H1-B can't be filed before April 1,2004 for an employment starting not before October 1,2004.
My question is that, if she finds another job tomorrow, will her new employer be able to file for H1-B. Basically, will it be treated as a new H1-B or not (since she has already worked on H1 before).
Thanks.
As per reaching H1-B cap, I came to know that new H1-B can't be filed before April 1,2004 for an employment starting not before October 1,2004.
My question is that, if she finds another job tomorrow, will her new employer be able to file for H1-B. Basically, will it be treated as a new H1-B or not (since she has already worked on H1 before).
Thanks.