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Can a new employer file a new H1B when i539(h1-h4)pending

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Posted by ak0051215 (2) 25 Apr 2017#1
hello.my wife got terminated on march 31th(was on h1b) and I filed for COS i539 on 9th April(for H1b to h4).can a new employer file a new H1b for her while the COS application is pending.I cant do premium processing as it is closed.Please suggest.
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Posted by h4ead1988 (1) 20 Jun 2017#2
to ak0051215:

Hey hi,

I am in the same situation. My contract terminated in february and I applied for H4 and H4 ead in April before going out of status. I recently received a job offer and apparently the immigration attorney agreed to file my H1b if I withdraw my H4 application. However, I dont want to withraw because that would be a risk. Did you receive any updates on your wife's case?
As far as I know, an H!B can filed irrespective of other parallel applications, but not sure if we are allowed to work until the H!B is approved.

Good luck.
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Posted by ak0051215 (2) 20 Jun 2017#3
to h4ead1988:

you can work on reciept..no problem..withdraw h4 after you get h1 approval..you should be good as far as I know
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