H1B never travelled - Cap exempt for H4 to H1B

USA H1B Visa
1

H4 to H1B ( never travelled and valid petition)?

My huSband has an approved H1B and he has never travelled and left the employer too.he is in india currently.
Can i process his H4 so that he can come here and look for the job opportunities and get his H4 status change to H1. In that case will he be a cap exempt as he has never used his petition and he has validity till may2020 on his petition i797
He doesnt have to go through lottery system again and he can get his H4 status changed to H1 while staying in US on H4

Please help!

2

Yes, he can travel on H4. But, cannot work on H4 as you said…regarding cap exempt, it is slightly grey area, the reason is that, sometimes USCIS is questioning that the candidate never had H1B status, so not cap exempt…but, this was questioned in few cases, but there were successes in the past…So, it is a tricky situation on whether it will be cap exempt or not…