H4 to H1 transfer question

[prince143]

Lets say I had H1(I140 approved) in the past and decided to move to h4 EAD(assuming spouse has 140 approved) and continue to work for Employer A.

Can I switch back to my h1 at later point in future and continue to work for same employer A? Or should it be different employer?

Do I need to go through lottery again ?

@csrcsr

[phatposts]

Not an attorney here. 

Same employer or different employer does not matter. 

After you move to H4 - As long as you have been active on a H1 at least for 1 day in the past 6 years you are CAP exempt. If you are NOT on a H1 for continuous 6 years - that means you will be back in CAP. 

[csrcsr]

6 minutes ago, prince143 said:

Lets say I had H1(I140 approved) in the past and decided to move to h4 EAD(assuming spouse has 140 approved) and continue to work for Employer A.

Can I switch back to my h1 at later point in future and continue to work for same employer A? Or should it be different employer?

Do I need to go through lottery again ?

@csrcsr

No lottery any time u can transfer to h1 , assuming u worked 180 days after ur 140  approval , so that no issues even if they withdraw etc

[prince143]

30 minutes ago, csrcsr said:

No lottery any time u can transfer to h1 , assuming u worked 180 days after ur 140  approval , so that no issues even if they withdraw etc

Thanks bro, Also Can the same employer for whom I'm working on H4EAD file a H1 for me?

[csrcsr]

Just now, prince143 said:

Thanks bro, Also Can the same employer for whom I'm working on H4EAD file a H1 for me?

Any one can file 

[quest]

2 hours ago, prince143 said:

Lets say I had H1(I140 approved) in the past and decided to move to h4 EAD(assuming spouse has 140 approved) and continue to work for Employer A.

Can I switch back to my h1 at later point in future and continue to work for same employer A? Or should it be different employer?

Do I need to go through lottery again ?

@csrcsr

no need of lottery.

Employer does not matter. Validity dates post chesthe we can answer better

[quest]

1 hour ago, prince143 said:

Thanks bro, Also Can the same employer for whom I'm working on H4EAD file a H1 for me?

YES

[Warangalbidda]

Remember one thing if you gone through lottery once and got H1b picked you will never go through lottery H1b till 99yrs. Any employer can file your H1b extension using your I-129. If you have 6yrs left in your previous H1b or if you have i140 approved.