H1B Cap exempt without using H1

Hi Saurabh,
My spouse got her H1 approved during May 2009 from India (so there is no I-94 attached with the approval, only the I-797) but she did not use it till date. It might have got cancelled. Meanwhile I got.my L1 in 2011 and travelled here in L1 on April 2011. She came in L2. In 2012 Jan I converted from L1 to H1and she moved to H4. Meanwhile she went for vacation in Jan 2013 and came back with H4 stamping in April 2013. She has a valid stamping in H4 as well till Mar 2015.

Now she wants to work by using her cap excempt quota. I believe since it was approved in May 2009 (effective Oct 2009, the cap exempt should be valid till Oct 2015). Please let me know if she is still eligible for doing a cap excempt based on her previous approved H1 even though she did not have any paystub based on her previous H1. But she only worked in India from May 2009 till Dec 2010 and quit her job in india as we travelled in L1 and L2 respectively.

Can she file a cap exempt now?

Please respond immediately as she is getting opportunities but bcos of this visa status issue, its blocking us. She already cleared one interview, but its on hold. PLEASE HELP ASAP!