L1 to H1 - will old expired H1 benefit applicant for not falling in H1 quota

[markved]

Folks, I need your expert opinion on this.

My wife has been working on L1 B visa since April, 2009. We got her H1 approved through a different company but she did not move to H1 and continued working on L1 B visa. Her H1 was valid from 1st Oct, 2009 to 30th Sep, 2011.

Now we would like to have her move on H1 visa through a new company. Since she already had H1 through a different company (although expired now) - will she be falling in H1 quota for current year or she will have to apply for H1 transfer?

Your comments are highly appreciated.

Thanks,
VPM

[markved]

Please respond

Can anybody please respond to my query?

[raghvi]

Can anybody please respond to my query?

Assuming your spouse's previous L1 to H1 was not a Change of status another employer can use the previous US H1 petition to file a cap exempt H1 petition and can request for an immediate start date.

This is my opinion not legal advice.