Filing Consular processing after COS denial


I am currently in US on H1B, and my wife was on H4 until last month. She was on a sabbatical leave during this time. She also has a cap-exempt petition on her name.

We filed a COS petition for her in May in premium processing, which unfortunately got denied because job description did not match with the profile my wife had. This is the reasoning which the attorney received from USCIS.

My wife is currently in India, and has asked her employer to file her H1B using her cap-exempt petition. If it happens, it will be a consular processing under premium processing.

I wanted to know whether it is safe for her to file consular processing after the fact that she had a COS denial very recently. Will her COS denial have any impact on her consular processing?

Since she has a cap-exempt petition on her name, is she allowed to have a second legal representation since the first one did not work out the way it was expected?

Any advice / suggestions will be highly appreciated.

Thanks in advance.