H-1B to H4 while PERM Under Processing

[SpinLock]

Hello!

My wife is currently on H-1B and her 6 year visa expires in Jan 2022. Her employer has filed for PERM last month (June 2021).

Current processing times for PERM is ~6months and she may be cutting it too close to getting her PERM approved + I-140 approved and then filing for an H-1B extension. Given this scenario, we wanted to explore options to move her visa to H4 & H4 EAD (I have an approved I-140). Do you know how soon this can be done and whether is it a wise choice to do this.

Also, in case the transition to H-4 is advised, how soon can she come back onto H-1B? Will coming back onto H-1B require lottery pick?

Any help is appreciated. Thanks!

[rkk09]

Hi,
If she change her status now then you will have remaining days on H1B. I suggest you to do change of status as soon as you can. When you get I-140 Approval then you can do again change of status. COS from H4 to H1B will be quick process as you will have Premium option.
But, H1B to H4 and H4 EAD will surely take long time to through.
Thanks

[Angela6895]

Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period.