To H4 - Pending H1 application - Working on OPT

[jithsh1b]

Any advice on the below issue will be helpful:

My wife is currently working on OPT with her H1B application pending. My question is:

1) She is planning on quitting. Can she change to H4 (I'm in H1B) before her H1 is approved?

2) If she quits before the approval, would it affect the H1B processing? This is important because she will be looking for an other job after she quits.

3) If she finds a new job later this year, can she apply for H1B through the new employer and still be cap exempt since she already went through lottery in 2013?

4) If she can be cap exempt what documents would she need to show she already has gone through lottery? Would only the initial receipt be enough since she won't be with the employer by the time an approval is received?

Thanks for the responses.

[t75]

Yes; No; Yes; she should ask that the employer give approval notice. She may be liable for damages for not joining depending on her contract.