Approved H1B expires can I use the same quota?

[kathu]

Hi
This is for my friend, she had an approved H1B on 2011 (From 2011 Jan - Dec 2013). She worked on H1B till Oct 2011 and then due to some personal reasons she had to take a break and so she changed her status to H4.
Is is possible for her to transfer her previously approved H1 to new company (cap exemption)?
If so how long she can work on that H1B? Another 5 years( since only around 1 year was used) or up to 2016 Dec( since each cap is for 6 years)?

can she apply for a change of status from US or need to go to India for stamping?
Thanks
Kathu

[raghvi]

Hi
This is for my friend, she had an approved H1B on 2011 (From 2011 Jan - Dec 2013). She worked on H1B till Oct 2011 and then due to some personal reasons she had to take a break and so she changed her status to H4.
Is is possible for her to transfer her previously approved H1 to new company (cap exemption)?
If so how long she can work on that H1B? Another 5 years( since only around 1 year was used) or up to 2016 Dec( since each cap is for 6 years)?

can she apply for a change of status from US or need to go to India for stamping?
Thanks
Kathu

Does she have valid pay stubs till Oct 2011?

Her future employer should be able to use the existing H1 to claim a recapture on the time remaining, if it is a genuine employer with enough work she would most probably get the H1 for 3 Years initial but she can extend for another 2 Years later; 5 Years possible .

A Change Of Status can be applied from within US and is generally approved for large companies.

This is my opinion not legal advice.