From H4 to H1 Cap Exception?

[chennaisen]

I am in US with H1b, my wife is working in India has also have H1b. She got her H1 stamped on Dec 2012, and it is valid till Sep 2013.
She doesn’t have opportunity to work in US with her current employer
I’m planning to bring my wife as a dependent to US in H4. She is interested to work in US, if a new employer sponsors her H1, will she fall under H1 cap?
Please clarify

[kadkhiq81]

From H4 to H1 Cap Exception?

AFAIK, If she go now for h4 stamping, There might be a chance of getting her H1 cancelled (I am not very sure about this though). However she could find a US employer first and then can transfer in premium mode to that new employer. Either she can go for a stamping for that new petition or She can travel with old visa if her travel date before the visa expiry date (sep 2013)

It's my personal opinion...