Revoked H1B - Change of Status from H4 to H1B

[vijayk1930]

Hi, 
My wife's h1b got approved in 2013 under consular processing, and got validity till Dec 2014. But we never used that petition and my wife didn't worked in USA. Now she got a job offer and when we are trying to transfer(CoS) her visa from H4 to H1 we came to know that the H1B petition got revoked by the employer who sponsored her H1B. So my question is can we use the same h1b petition under cap exemption and apply for transfer with the a different employer?

Additional information Our immigration lawyer saying we can try, but I wanted to know what will be the approval rate for this case?

[jairichi]

Yes, she is cap exempt. Approval depends on employer's documents.

[Visatrap]

Hi

My case looks similar to this. I got approval on my first h1b in 2014 but was laid off so didn't use any period on h1b. While my employer revoked the h1b on 09/29, I filed h1b transfer through other employer on 09/27 which ultimately got denied in Dec due to insufficient documentation to prove employer employee relations and specialty occupation.

Now I'm on h4 and have a job offer in hand where employer is ready to file change of status to recapture my h1b. But I am waiting to hear from attorney and would appreciate your guidance about whether I can be considered unde cap-exempt rule???