H1 to H4 in progress and filing H1 again within 2 month period of last job

[srinija-nekkanti]

Hi,

I was in H1 status and my project ended on July 19 and we filed H1 to H4 along with H4 EAD on July 13th itself. And  while the H1 to H4 is still in progress, now I got a job and the employer is willing to file a H1 which mostly likely they can file before August 20. I would like to know if this is considered as H1 change of employer and I can start working after the getting the receipt? OR since I have filed H4 already and which is in progress, I have to wait for the H1 approval from new employer in order to start working?

Based on the last action rule, since I was in H1 before and both my petitions(H1 and H4) are in progress, until H4 adjudicates, USCIS will consider my status as H1? 

Can I revoke the H4 when the new employer file the H1?

Please let me know and appreciate any responses who faced the similar situation.

 

Thanks!

 

[lovely]

You might want to consult an attorney and explain your situation, ideal case would be to wait until you get your h4, join new employer through h4 and have them file h4-to-h1 after few days/months. I don't think you can revoke h4 after they received your documents.