Change of status from H1 to H4 and back to H1

[kashyap_amboju]

Hi,

My fiance moved to india after her H1B extension got denied. Her employer applied for H1B in cap exempt and got it approved. But the employer is not willing to provide the project onsite, so wants to change her status to H4 after marriage and visit US. I got I140 approved, so she will be applying for H4 EAD. 

My question is : If her future employer will apply for H1B,  would she be eligible for Cap-exempt? or need to go through Lottery again? 

Thanks in advance.

-Kashyap

[Provence]

You'd be better served concentrating on the present. Once you two are married, she applies for an H4 visa. She doesn't visit the US; she enters as a H1b derivative spouse. 

[satya2k1]

As long as she had less than 6 years on H1, or have an approved I-140, she would be eligible for cap-exempt for extension.