H4 with EAD to H1B without COS(consular process)

[Dinnu]

Hello,

I am on H4 extension status living in US while my first H4 status and visa stamp was valid till October 1st, 2018. 
Current H4 along with my H4 EAD are valid till October 1st, 2021. I am working for a company and due to the news about 
revoking the H4 EAD, my employer is ready to file H1B for me.

 

1. I would like to know if we can file H1B without Change Of Status
COS(called consular processng?) for this April’19 lottery CAP?

 

2. And if approved without COS, can I still work on H4 EAD(without activating H1B) 
until I decide to move to H1B by filing COS later when required?

 

3. And if I travel out of US after H1B approval, can I 
still go for H4 stamping while still having my H1B approved(without COS & H1B i94).

4. Or can I remain on existing H4 and work on existing H4 EAD 
by revoking the approved H1B and file H1B later with any employer when required with CAP-exempt?

Thank you. 

[shekar11#]

17 hours ago, Dinnu said:

Hello,

I am on H4 extension status living in US while my first H4 status and visa stamp was valid till October 1st, 2018. 
Current H4 along with my H4 EAD are valid till October 1st, 2021. I am working for a company and due to the news about 
revoking the H4 EAD, my employer is ready to file H1B for me.

 

1. I would like to know if we can file H1B without Change Of Status
COS(called consular processng?) for this April’19 lottery CAP?

 

2. And if approved without COS, can I still work on H4 EAD(without activating H1B) 
until I decide to move to H1B by filing COS later when required?

 

3. And if I travel out of US after H1B approval, can I 
still go for H4 stamping while still having my H1B approved(without COS & H1B i94).

4. Or can I remain on existing H4 and work on existing H4 EAD 
by revoking the approved H1B and file H1B later with any employer when required with CAP-exempt?

Thank you. 

1. You can. But you need to make sure from your employer.

2. Yes.

3. Yes.

4. You can remain. But you cannot file with new employer. If you want H-1 again you will need to go through lottery.

[Dinnu]

3 hours ago, shekar11# said:

1. You can. But you need to make sure from your employer.

2. Yes.

3. Yes.

4. You can remain. But you cannot file with new employer. If you want H-1 again you will need to go through lottery.

About the #4. 

Once an H1 petiotion is approved, any next applications can be filed with CAP-exempt is what I was thinking as the employee was once selected in a lottery system already and has been approved with H1. Please clarify if that is not the case as the first H1 was never activated. 

[shekar11#]

18 hours ago, Dinnu said:

About the #4. 

Once an H1 petiotion is approved, any next applications can be filed with CAP-exempt is what I was thinking as the employee was once selected in a lottery system already and has been approved with H1. Please clarify if that is not the case as the first H1 was never activated. 

That is a gray area. You need to get a second opinion from a immigration attorney about that scenario to be 100% sure.