H1 to H4 and back to H1

[pradeep06]

I'm exhausting my H1 six years in Aug 2014 and might not be having a approved I140 (employer messed up). My wife is on H1 with her I140 approved (eligible for 3 yrs extns), with the H4 EAD coming up soon, I have the below questions:

 

1) Can I switch to H4 in Aug, get EAD when the law passes and continue working?

2) After one year on H4, would I be eligible to do a COS to H1 again and will it be cap exempt?

 

[jairichi]

I'm exhausting my H1 six years in Aug 2014 and might not be having a approved I140 (employer messed up). My wife is on H1 with her I140 approved (eligible for 3 yrs extns), with the H4 EAD coming up soon, I have the below questions:

 

1) Can I switch to H4 in Aug, get EAD when the law passes and continue working?

2) After one year on H4, would I be eligible to do a COS to H1 again and will it be cap exempt?

1. If the law is passed and you fulfill all requirements then it is possible.

2. You need to stay outside US for 365 days before a cap subject H1B petition can be filed. Otherwise you have to stay on H4.