H1B Application and new rule

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Hi There,

My H1B Visa expires on 14th April 2021. Since my wife also is here on H4 and works with an H4 EAD I am trying to renew her status and EAD too. Hence I was planning to apply both the H1 and H4 together and then upgrade to premium processing after her H4 Biometrics is done. 

My Questions are

1- How soon can I file the LCA for my H1B ? Is it allowed by law for me to apply my LCA even before 16th October 2020 ( that is 180 days before my H1B expiry date) say on 14th of Oct and use it for my H1b ?

2- If my wife's bio metrics gets delayed and I upgrade to premium after 9th of December will the new Laws be applicable to my petition even though it was applied earlier but because of my upgrading to Premium processing ?  

Thank you in advance

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