H1b change of status vs consular processing for lottery while currently on H4

USA H1B Visa
1

My wife is on h4 now and her future employer has just responded to RFE on fresh H1B 2019 Cap.
We are hoping for approval in next couple of months.

Also, I am planning to apply for H4EAD in next 1-2 months. So probably she would work on h4 EAD initially and then she can work on h1.

So do you recommend to get H1 stamp outside US or go for COS while continuing job on h4EAD.

If change of status is recommend, then how long approximately it would take?
And what is the fees for that.

Is the same i539 form required to submit or any other separate petition is required?

2

I strongly recommend ‘Consular processing’ to avoid status issues.

H1B change of status issues with h4 EAD

If you opt for H1B change of status, the change can happen anytime as USCIS can approve H1B anytime without any prior notification.

Once the change of status happens, your wife is on H1B and not H4.

She can only work using the H1B at that time and then only with the H1B sponsor employer.
This causes issues if she is currently working using H4 EAD as you are no longer on H4 status.

You have to immediately stop working for the H4 EAD employer if its different than the one who filed H1B.

H1B consular processing

With H1B consular processing, you control the date as the status won’t change from H4 to H1B on the H1B approval. You will need to go outside USA, get H1B visa stamp and then re-enter using H1B visa to get on to H1B status.