My Wife received her H1B approval towards the cap on May 28th 2013. She worked on H1B for two months and then left the country. She got back into the US earlier this month on H4B… Can somebody(meaning an employer if she finds a job) file a petition to change her status from H4 to H1 based on her approval from 2013 so she can recapture the unused time (5 years 10 months) from her original cap counted H1B?
Please let me know
Thanks and Regards