H4 to AOS- EAD to H1B

Sam@123

By Sam@123,
in AOS & CP : General

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Sam@123 Newbie

Sam@123

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I had filed for AOS in OCT and got EAD and AP through my old employer. I am currently on H4 visa(expiring in nov 2021) and not working. I want to file for H1b in first quarter of 2022. My question is will my H1b cap exempt or it will be considered new H1b(has to go through lottery) if I am on AOS EAD?

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