H4EAD to H1B conversion

[Sam01]

Hi everyone,

Below is my scenario and i need help with 2 questions.

My H1b has expired due to 6 year maxout in July 2020.
My husband has his I140 approved and valid H1B.
My perm was filed in March 2020 and got approved in August 2020 and will expire in a week from now.
I have filed for my H1B to H4 change of status conversion in June 2020 and its still in process.
I am unable to file for I140 now as my previous employer i worked said me I need to have an active job for filing it.
Once my h4 is approved, i am planning to file for H4EAD and then to file form Perm/I140 again and then convert to H1B ( My previous employer said me this can be done. But, i am not sure).
Can i get help with below queries. Appreciate quick response.

1. Once i get my h4 EAD , can i apply for new PERM and i140 again?
2. If so, is there a possibility to get my H1b visa once i have my I140 is approved ? Will it be a cap exempt H1B?

Thanks in Advance

[rkk09]

Hi,
Please see my response below.
1. Once i get my h4 EAD , can i apply for new PERM and i140 again?
Answer: Yes. filing PERM and I-140 does not require any status also.. Even you can file immigrant petition when you are in your home country.
2. If so, is there a possibility to get my H1b visa once i have my I140 is approved ? Will it be a cap exempt H1B?
Answer: Per my knowledge, Since you completed H1B 6 years fully and you did not have PERM or I-140 Approval before your H1B 6 years complete, you will need to wait for 365 days outside to file another H1B petition under H1B CAP. But, Kindly have a final discussion with your Immigration attorney to make sure the same.
Thanks