Out of Status on H1 - RFE is in progress - can I start H4 in parallel

[HONEB_Impact]

Hi,

I was on H1 and went out of status in April'18, and I came to India in September, and now am in India.  My attorneys applied new petition with different SOC code, which is in RFE status.  My attorneys will be filing response for the same in next two weeks.  I would like  to know, if I can apply for H4 in parallel.  as anyways its taking almost a month to get appointment at embassy in India, am hoping to get response on my H1B by that time.  (it was applied in premium).  In case I get approval on my H1B, I would like to ignore or cancel my H4 stamping request otherwise, I will go for H4 stamping.  This is just to avoid delay and save a month to come back to US either on H4 or H1.

Can you please help me here if this is suggestable.  also, please let me know in case its going to cause any problems.