Regarding filling H1B in new quota, Please suggest

[florence620]

Friends here is the situation.

My wife's H1B filed on 2007 year quota last year with start date as October 1st 2007. We didn't get the approval by September 4th week, so I applied H4( Because her H4 status was going to expire in September 29th 2007 and I thought she may be out of status for the two days). Mean time H1B got approved on first week of October and H4 got approved the following week. So we called USCIS and they said that She is in H4 status because H4 approved after H1B approval.

Mean time we got India trip and we went to India and got stamped VISA with H4 approval notice.

Now her employer is interested in doing H1B for her.(Same employer)

My question is, Is she needs to apply H1B in new quota(FY 2008 quota) or not.

Thanks for you Help.

 

[gc_retrogress]

Techinically she already claimed H1 earlier, she will not be in quota anymore. She will simply change status back to H1, it should not be counted as quota visa.