H1 to H4 and then back to H1

[h1h4query]

I am currently on H1b visa with my 1-140 approved. My husband has relocated to another state and I looking for opportunities in that area.

If I don't find any opportunities in that area, I may have to quit by end of this month.

My question is that if I change my status to H4 and apply for H4 EAD and after that if an employer is ready to file my H1, would I need to wait until next year Oct to get my H1 and also will it part of the lottery?

Any insight on this would be greatly appreciated.

[shervin143]

Nope. The employer can file a COS from H4 to H1B anytime. You cannot work until the COS to H1B gets approved. Your spouse should have a valid I-140 for you to apply H4 EAD. Your I-140 will not work.

[h1h4query]

Thanks much for the information.

I have another question. If I find a job on H4 EAD and my employer is willing, can my employer file for my green card porting my I-140 priority date on H4 EAD?

[shervin143]

Yes.

Thanks much for the information.

I have another question. If I find a job on H4 EAD and my employer is willing, can my employer file for my green card porting my I-140 priority date on H4 EAD?