H4 to H1B cap exempt

[praveen_reddy2 (praveen reddy)]

My wife had COS from H4 to H!B on October 1st 2021 and was on H1B until may 9th 2022. She had to travel to India for a family emergency and came back to USA on June 30th on H4. She has valid EAD and is planning on utilizing that to continue to work.

If she wants to move to H1B in future with any employer, will she fall under cap exempt as she was on H1B for almost 7 month, even though she never had H1B stamping ?

[Kalpesh_Dalwadi]

@praveen_reddy2

If she wants to move to H1B in future with any employer, will she fall under cap exempt as she was on H1B for almost 7 month, even though she never had H1B stamping ?

Yes , she should be able to claim any remaining time from the 6 year term and treated cap-exempt for purposes of claiming the remaining term.