Using a previously approved H1-B visa for a new employer

[Dyuthi]

Hi,

I have an approved H1-B petition from last year but I am currently on an H-4 visa. I did not work for the employer who sponsored my H1-B visa or any other employer on H1-B (I was not working for the last one year). It was my understanding that I can now find an employer and use my previous approval to file a cap-exempt H1-B petition. However one of the recruiters told me there is a chance of rejection. Can someone please confirm if this is correct or advise on what options I have?

Thanks,

Dyuthi

[JoeF]

Not enough information. Was that a COS?

 

[Dyuthi]

Yes that was a COS but I did not start working on H1B as they terminated the position by the time the approval came. I was working on L2 EAD before. Then I switched to H4 from the new H1(as my husband switched from his L1 to H1 around the same time) to maintain legal status. I am still on H4.

Thanks,

Dyuthi