H1B to H4 COS, pending at USCIS since FEb 2012

[mazkaz]

Hi,

I'm in a challenging situation really. Here's my case

1. Came to the US on an H4 Visa.

2. An employer sponsored the H1B in December and the application was approved in the month of January. But due to circumstances the project was closed before I could start work. Hence no paystubs

3. Applied for a COS from H1B to H4 in Feb. Received an RFE for paystubs. RFE reply sent to USCIS.

My petition is currently pending with the USCIS since 6 months now.

Another employer has offered an potential employment. Could I apply for an H1b or do i wait untill I get my H4.

Please do help. It's a very sticky situation.