H1->H4->H4 EAD->H1 Cap Exemption

[srinath_vs]

Hello all,

My wife has exhausted her 6-years of H1B, and presently on H1 extension thanks to her I-140 being approved. We're wondering if she can take some break from work for a few months, meaning she will convert to H4 for a few months. And after a few months, when she starts to work again, she will leverage the H4-EAD (which I understand is also under debate) based on my own I-140. At that point, will she able to convert from H4 EAD back to H1B, being cap-exempt - given that she's already exhausted her original 6 yrs of H1B?

Hope I am being clear enough. Thanks in advance for the responses.

Regards,

[Surfer123]

She is cap-exempt & with her own I-140 approved, she should be able to have an employer apply for new H1B anytime she wishes for a 3 year period.