appying H1 while H-4 pending

[reddy.harikishore]

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?

Thanks for all of your input..

[reddy.harikishore]

Thanks for your input on this!