H4 EAD; I-140 approval

[Manoj_Reddy]

Hello,

My wife is currently working for her company in H4 EAD status and her company has agreed to start her I-140 process.

After approval of the I-140 will she be eligible to move to an H1b if needed? Will the H1b be cap-exempt, since she’s never been on H1b before?

Would appreciate any of your knowledgeable inputs!!

[Kalpesh_Dalwadi]

@Manoj_Reddy

After approval of the I-140 will she be eligible to move to an H1b if needed? Will the H1b be cap-exempt, since she’s never been on H1b before?

Unless she has a prior approved H1B, she wont qualify for cap-exempt or AC21 extensions based on approved I-140. To switch to H1B status, the employer will need to file cap-subject under lottery first.