H1B transfer

[umesh1983]

Hi,
I had a query related to my wife’s H1B petition and its impact on her L2 visa. I am currently on L1B and working in US currently.

Company A filed for my wife’s H1B petition and it was approved by USCIS on January 2013. However she did not went for Visa stamping, due to employer reason but the H1B petition is still valid. Now she is trying to look for open positions in US and she is able to find one. My question is can the new company B use the same approved H1B petition and transfer it with the new employer name?

Can my wife apply for H1B visa after her L2B visa in India itself, in case the above H1B petition is successfully transferred to new employer?

Does the 65000 visa limit quota apply to her H1B case also?

Thanks in advance for the answers.

[kabkaba]

Is she currently in the US? Was she in the US when the H1 petition was filed?

Yes, a new employer can file a cap-exempt petition for her. After that is approved she can apply for H1B Visa and travel to US to work for this employer.