Can cap exempt H1B holder switch to cap subject H1B when his/her spouse H4 EAD in process?

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I'm on Cap exempt H1b and recently got my I140 approved. I'm planning to apply for H4 EAD for my spouse. My spouse has H4 extension until Nov' 2024. This year I'm changing from Cap exempt to Cap subject H1B in October so can I move from Cap exempt to Cap subject H1B when my spouse H4 EAD is in process? Because the H4 EAD processing time shows any where from 6 to 8 months in online. I saw in online that can transfer the H1B while H4 EAD is in process, but in my case is little different as it's from Cap exempt to Cap subject.


Thanks and appreciate the answer.

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