H1B quota question


Registered Users (C)
My sister inlaw got H1B approved from a consulting company in June 2005. She went to the new delhi consulate for stamping and the consulate took her documents and never replied back. long story short she did not get a visa.

She is visiting me on visitor visa now. If we re-apply her H1B would she be exempted from the quota limitation as she had H1B visa at one time. what should be the steps.

She like to settle here, if H1B is not an option, what you guys suggest. Student visa may be? or anything else.

Please help.


Registered Users (C)
She is subject to the quota since the old visa has long expired.

F1 is a temporary student visa and not intended for people to settle here.

She should apply for H1B, hope to get picked next year (for October 2009), and file a GC petition like everyone else here.
H1B Petition expired


This situation sounds similar to the situation of my wife under thread "H1B Petition expired" from yesterday. I see that your replies are different under these two circumstances. Is there a reason why the outcomes are different.

Please note I am not questioning the replies just trying to get a better understanding of the situation.