H1B application after H1B to H4 COS

[bhowmisu]

Hello all,

 

Thanks in advance for your help in this matter.

 

Situation:

I am on H1B currently and my end date is Feb 12th. I will be applying for H4 COS soon so that after my end date I am not out of status. I still have a couple years left on my H1B.

 

Question:

Will I/my new employer be able to file for H1B without going through the cap gap, if I receive an offer from a new employer before my h4 is approved? How about if I get a job after my H4 is approved?

 

Any help is appreciated.