H1B to H4 conversion


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Hi ,

I'm on H1b status nearing max out by Jan 2019. I got off project and have not been able to secure one since Apr 2018. Perm approved. I140 in limbo since no project available.  If I change to H4 and subsequently get the ead. what are my chances of getting back on my H1 again. Technically my max out is Apr 2019 , but my stamped visa is until Jan 2019 . Would I be cap exempt? 



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I'm planning to go back to India in the following weeks and get my H4 stamped. I'm not overstaying beyond 180 days after my termination. So I'm hoping that h4 COS  from India should not be any problem. Do you know how long it takes for h4 visa stamping once I'm in India or if there could be any issues with my H4 stamping. 

I did reach out to my attorney and they're saying it shouldnt be a reason to cause concern. However, I've always got best opinion well by seniors here , so looking forward to your expert suggestion. 

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