H1B Cap Exempt Eligibility Condition

[Purna Chandra Sasmal]

My Spouse got H1b on december 2013 and it was valid till December 2014. She never used this. Now She wants to re-stamped the H1B visa.

I have following queries-

1. Can Same employer apply the H1B visa in cap exempt while she is in india?
2. Can other employer eligible to use her expired H1B to apply in cap exempt while in India?
3. If she is in USA in H4, then can any employer use her expired H1B to apply H1B cap exempt ?

Regards,
Purna.