H1 to H4 COS due to exhaustion of 6 years, coming back to H1 after I140 approval.

[Nik0989]

I am on H1B visa for which 6 years limit is ending in December 2024 with no hope of getting perm filled before that. My employer just filled wage determination request . I am able to move to H4 with EAD as my spouse have approved I140 before I exhaust 6 years of H1B. 

If I move to H4 in December 2024 , I won't have any duration left on H1B 6 year limit. Once my employer filles I140 and it's approved while I am on H4, can they request H1B COS beyond 6 years using approved I140?

Or will be safer to move to H4 couple of months before exhausting 6 years of H1B so post I140 approval employer can request H1B for 3 years?

To use I140 for H1B beyond 6 years, does person need to be on H1B status when I140 is filled or being on H4 with EAD is fine? e.g. I140 was approved when person was on H4 EAD and person had previous H1B. Now they want to go on H1B with 3 years term using approved I140

[Zodiac System]

Please file for H4 EAD immediately, as it does not have premium processing.  You need an EAD card in your hand/palm,  to get started on H4-EAD status.   The COS itself will take 4-6 months and this is the month of June 2024.

Once your I-140 is approved, your employer can change you back to H1b.  Good Luck. 

Edited June 6 by Zodiac System

[RK14]

H1b can be extended once your I140 is approved beyond the 6 years, perm and I140 are for future employment, and it is not mandatory to be in H1 status, and well you can request H1b extension along with change of status once your I140 is approved!