New H1 while H4 is pending

[chhatamu]

Hello,

 

I was laid off on Feb 16, 2016 and I filed my COS from H1B to H4 on Feb 12, 2016. I got the receipt number for COS - I539 application on Feb 18, 2016.

 

Currently I am getting offers from employers but one of the employer refused to file new H1B since my old H1B was revoked due to termination of employement.

 

It would be great, if someone can let me know if H1B can be filed while COS - is pending.

 

Thanks in advance for any response.

[tara12]

You can apply h1b, but if your COS is approved after h1b approval you will again come to h4.

 

So best is to re-enter US on h4 by road or flight and get a new i-94.

 

and you have to apply h1b in premium