Re-Entering on H4 after H1 Cap COS


santhoshs

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Hi,

Asking on behave of friend she is working FTE (on H4EAD) with small startup since more than one year, this year due to uncertainty with H4EAD program her employer filed cap H1B COS (which got picked in lottery)for 2019. But even if it get approved she will be getting H1B for only 1.2 yrs as she had spend 4.10 yrs on L1 ( never stayed 1 year out of country after L1 stay).  Also her employer is soon planning to start GC process.

But as she has only a year on H1B (and her employer filed it COS)  she is  thinking of traveling  out of country and come back on H4.( She has H4 stamped till March 2019 and have extension approved with renewed EAD till 2021).

 

Her question is if she travels out of country once H1B is approved 

1)Can she re-enter on H4 without stamping H1B and can she start working again on EAD (Her new EAD is till 2021)?

2)Or is it recommended to travel before H1 is approved and re-enter on H4?

Which option is better?

Thanks

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