H4_EAD to H1B Possibilities without

[SEVIS-stuck]

Hello Everyone,

Hope my message finds you all well with no visa issues. I would want to contribute to the ongoing discussion with the following question.

Question:

1. How likely my spouse who is working on H4_EAD would get to H1B without going through the lottery (if happens on 1st April 2019) provided that he/ she was on H1B in the first place before getting into H4_EAD a few years ago?
2. If H1B is to be filed, can spouse use the previous H1Bs I-797 to exempt from the 2019 quota?
3. What if the company doesn't want to file for H1B? anyone affected by H4_EAD shutdown rule?

Background:

Spouse was on H1B for a few months in the year 2015 after finishing US Master's Degree, where we decided to get onto H4_EAD for obvious reasons. Last year spouse got the job on H4_EAD and the company may or may not file H1B for the spouse. If H1B is to be filed, can spouse use the previous H1Bs I-797 to exempt from the 2019 quota?

I appreciate your time to get me some ideas on how to prepare for the worst. Thank you so much and wish everyone happy holidays!

 

[JoeF]

If she used the H1 in the past and hasnt used the whole time an employer can file a new H1 for her at any time. No need to go through the quota.

 

[SEVIS-stuck]

Thank you!