H4 to H1 ( But H4 is still under process)

[shp003]

Hello Friends

My wife is currently on OPT, but because it is expiring on Feb 22nd, we have applied for H4 ( Got the receipt number and is still under processing).

We would like to apply for H1B in the April 2013 quota. Is this possible? Because technically her H4 status hasn't been approved yet.

Any insights will be helpful.

Thanks

[reddy.harikishore]

Almost similar situation as above.

a. my wife was on H-1 until January 31st. She resigned to move-in with me as i live in a different state.

b. We applied for H-4 in 2nd week of Jan. Got the receipt number. Decision is still pending.

c. She has an offer now and the employer is willing to file for H-1B COS.

What should we do?

1. Do we have to wait until H-4 approved and file for H-4 to H-1B COS using I-539?

- The problem is job offer might expire while waiting....

2. Can we send a letter to USCIS to withdraw our H-4 application and ask employer to file for H-1B?

- In this case, I am assuming my wife will be "out of status" when we send the letter. Then it becomes risky to file for H-1B without any legal status.

What should be my plan of action?

Option 1 is obviously not preferrable if Option 2 is workable.

Thanks for all of your input..