H4ead Pending - Plan to start Business But H1B picked

My Wife is on EAD and we are planning to start a side business on H4 EAD. My wife’s employer put in H1b for her in 2022 Lottery and todays in 3rd lottery we came to know it got picked up. We are still mulling how to go forward. Is it good to apply for change of status, move to H1B and give up on business plan? Or give up H1B lottery opportunity and stay on H4 EAD and continue business plan? Now that H4 EAD issues are being reduced, can we take this risk?

If there a way to move to H1B(COS) and once its approved, move back to H4EAD. and in the future can we move back the same H1B as it in unused?

This is a difficult question to answer and I don’t think anyone but you/your family can decide the best course of action for which status to switch to based on your circumstances. It’s good that you have two options so why not discuss internally and decide what is best for you and your family.
If I were you I won’t take important and critical decisions of my life based on someone’s feedback who I don’t even know, not at all from public forums.

Yes, once H1B is approved, your spouse can change status from H1B to H4/EAD and back to H1B provided her employer can sponsor H1B.

Sorry that first part of the question was asked in panic.

My main question is if we can jump from H4 to H1B now and then back to H4 EAD and still not lose the H1b we got from the lottery.

In the future can any employer apply H1B? I am guessing this H1B is cap exempt and can be used for H4-H1B COS and transfers in the future for any employer. Please Let me know if this is right assumption.

Yes, once H1B is approved, the beneficiary is cap-exempt of 6 years term unless he/she has I-140 approved in which case the beneficiary can get AC21 extension beyond 6 years.

Thank you.
So we can apply H1B COS Now. May be stay on it for 6 months and then change to H4. So this H1B can be used by any employer to change back status later. with 5.5 years left on it.


once we move from H1B to H4, what happens to the H1? I mean does the employer revoke it? if so, can it be still used later on as cap exempt?

Yes, the employer is bound by law to withdraw H1B once the employee leave.


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thank you @Kalpesh_Dalwadi