H-1b to H4 visa change - Lottery ?Cap exempt?

USA H1B Visa
1

Hello,

I am on H-1b visa with I-140 filed. However, I got laid off and now, I am planning to move to H4 visa on my wife’s H-1b (also I-140 approved).

Question:
Once I’ll start working on H4 EAD, how will H-1B process look in my case? As I already have my H-1B visa with me, can I convert my H4 visa directly or H-1b or I will have to go through the lottery process again?

Please help. Thank you!

2

If you have worked on H1B and not used up all 6 years, you will be cap exempt and no need to go through lottery again.