H1b transfer while h4 is in process

[thiru.think]

Hello,

 

I have been laid off last week due to a acquisition and searching for new job. I'm planning to apply for H4 (using my spouse h1) and it looks like its taking up to 6 months to get it approved.

 

Meanwhile(before h4 approval) if I find get a job with h1 sponsor,

can they file H1 immediately or

do I need to wait until my h4 approval which is in process.

 

If they can file H1 what happens to the h4 which is in process..

 

Appreciate your response..

[jairichi]

Yes, employer can file H1B while H4 petition is in process. On approval of H1B petition you can withdraw COS to H4. You can start working for an employer only after H1B petition approval.