H1 cap related

[addsmiles]

My wife's H1 B extension was denied last year (6 years no H1 not completed), so she had to go back to India and later came back on H4.
Now if we apply for a fresh H1 for her through some consultant, will she be subject to H1 cap, meaning will she have to wait for the when the filing opens for fresh H1s?

Thanks for your response

Prashant

[kabkaba]

If has not spent 6 years in the US in H1 status, an employer can file cap-exempt petition for her at any time. Under that she will only get the remainder of the 6 year period.
If she wants to qualify for fresh 6 years, she needs to spend 1 year outside the US and the petition must be filed subject to cap.

[addsmiles]

Thanks a lot!