H1b to h4 COS pending, simultaneous H1b filing.

[Surya Ravi]

I recently got laid off after 9year of employment and my employer has withdrawn my H1b petition, I was not able to find new employer or job in the 60day grace period so I applied for H4 COS through my spouse. I have both H4 & H4-EAD receipts and case is still under process. Also I have approved I140 with priority date of May 2016. My question is that,

1. now I found an employer with job opportunity who is willing to file h1b so can the employer file h1b under cap exempt while my h4 COS is pending or

2. Do I still have an option of h1b transfer with premium process after the 60day grace period has expired and with H4 COS pending.

What all options do I have to get back on h1b at this point considering my situation.

[Surya Ravi]

43 minutes ago, Surya Ravi said:

I recently got laid off after 9year of employment and my employer has withdrawn my H1b petition, I was not able to find new employer or job in the 60day grace period so I applied for H4 COS through my spouse. I have both H4 & H4-EAD receipts and case is still under process. Also I have approved I140 with priority date of May 2016. My question is that,

1. now I found an employer with job opportunity who is willing to file h1b so can the employer file h1b under cap exempt while my h4 COS is pending or

2. Do I still have an option of h1b transfer with premium process after the 60day grace period has expired and with H4 COS pending.

What all options do I have to get back on h1b at this point considering my situation.

3. My last date of working was June30th on H1b and considering 60 day grace period end date August30th, H4 COS receipt date July25th. With this scenario does it actually count in as my grace period expired? And will this help with question 2?.