H1-H4-H1 when H4 is in pending status

[crazyoutlook21]

Hi,

My wife lost her job about 2 months back, I filed I-539 petition (change of status) for H4 visa through my company. She recently found a new job, however we are not sure how to process this case. I have two queries:

1. Is it possible to file change of status in new H1b from H4 while H4 is still in pending status? If not, shall we wait until H4 is approved then file for H1b. H4 might take some time to get approved as we cannot upgrade process to PP.

2. If we decide to withdraw H4 and file for H1b to H1b, is there any threat. Its been about 1.5 months since H1 to H4 petition was filed thus we are missing 3 paystubs.

Any help is appreciated.

Thanks

[pontevecchio]

The new company can file a H1 petition for her with PP and if approved she can leave and come back with a H1 visa, existing or new.

[crazyoutlook21]

Thank you for response, is it okay to file H4 to H1 while H4 is still in pending status?

[pontevecchio]

The point is that she is not in H4 status now. She could ask the new company what they prefer. Multiple petitions result in confusion as different people and different areas deal with them.