Filing H1B while L1 to H4 change of status is in progress.

[Sparsha]

I am in USA. Initially i was working on L1 Visa. My Visa is valid till december. Recently i applied for change of status to H4. Its not yet approved and now i got an offer from another employer who can sponser me H1-B. Can my employer file for H1-B when my H4 change of status is in progress?

[redgreenbluee]

please consult a lawyer.

yes they can apply H1 even if H4 application is pending.

please note that last action rule applies, if your H4 got approved last (H1 was approved earlier), you will be on H4 and will not be eligible to work.

Originally posted by Sparsha:

I am in USA. Initially i was working on L1 Visa. My Visa is valid till december. Recently i applied for change of status to H4. Its not yet approved and now i got an offer from another employer who can sponser me H1-B. Can my employer file for H1-B when my H4 change of status is in progress?