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Question

Dear Madam, My wife's first date of entry to USA was 02/24/2014 (as L2 Dependent Visa) She changed her status from L2 to H1B on 10/01/2015 and she was in H1B till 08/14/2017 and worked for Employer "A". Currently she is in H4 dependent from 08/15/2017 to till today. She is in USA from first day of entry 02/24/2014 to till today with all above different Visa status. She has never been to outside of USA and her H1B visa was never stamped. Visa Status in Summary : --------------------------------- In L2 Visa - 20 months. (Feb 2014 - Sept 2015 ) In H1B Visa - 22 months. (Oct 2015 - Aug 2017 ) In H4 Visa - 35 months ( Aug 2017 - Till Today ) Total period of stay in USA as of today = 77 months After she moved to H1B on Oct 2015, She will complete her 6th Yr stay in USA on Oct 2021, with both H1B and H4 visa status. (from Oct 2015 to Oct 2021) My Question is : As she used only 22 months of her H1B visa, Can she re-initiate her H1B after Oct 2021 as H1B Cap exempt ? Or She has to go for a fresh new H1B lottery after Oct 2021? Please note she do not have any approved I-140.

User's Location: Falls Church, Alabama, United States of America

Category: H1B Visa (Work Visa)