H4EAD to H1B: What happens if H1B is not used?

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My wife is currently working on H4 EAD for employer A and employer A also applied for her H1B this year which was picked up in lottery and was approved as well.  

The H1B starts from 1-Oct-19 and is valid for 3 years.

Per my employer lawyers advice, we are going ahead with H4EAD application while an H1B is approved but not yet in action.

Her current H4EAD is valid till 10Oct19 so we are hopeful to get the EAD renewed prior to expiration.  

Question 1.  Since currently there is a trend of delays in H4EAD renewal, should we plan as a backup to get the H1B visa stamp in India? (this will require that she continue working with employer A till October at least)

We purposely did NOT apply for simultaneous change of status so she was issued I797B (see attached).  I believe it means that she will have to go to home country to get the H1B VISA stamp and change the status from H4 to H1B.   The reason we didn’t apply change of status was because preferably we wanted to utilize the H4EAD path for employment (as it provides greater flexibility w.r.t. changing jobs etc.) rather than H1B and we wanted to keep H1B as a backup in case H4EAD gets rescinded altogether.  Our preference is still going ahead with H4EAD renewal application.  
Question 2.  Once H4EAD renewal gets approved, can we utilize the unused H1B at a later date when needed? (assuming employer A does not rescind her H1B petition)  Will it be cap exempt?  By what time the cap exempt status expires (5 years?) ? 

She also interviewed with employer B during all this and they are giving better pay but employer B only want full time employee (H4EAD will work but no scope of H1B transfer in future)

Question 3. As a general advice, given the delays and RFEs in H4EAD renewal (5-6 months timeline) plus the trump admin process of doing away with H4EAD altogether, is it even a good idea moving to employer B in our case? (she will most likely have to sit at home for 2-3 months starting 10Oct if the H4EAD is not renewed by that time)

Thanks in advance for answers.


Edited by kkkrv
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