I140 and H1B filing after H4EAD

[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 Answers below.
1. Yes. You can process GC when you are on H4 EAD Authorization.
2. If you have remaining H1B validity then you can capture that duration. But, if you dont have H1B remaining validity and you fully utilized 6 years then I dont think so, you can extend H1B with the help of I-140. I think, you will need to again consider H1B CAP. What my point is, you can extend H1B with the help of I-140 Approval when you are on 6th year.
Hope, it clarifies.
Thanks