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Hi,
My wife is currently on cap-exempt H1B and she is quitting her job on July 10th, 2013. I have already filed for her change of status to H4 (i539) on June 26. Her I-94 expires in Feb. 2014.
She may get another offer (another non-profit organization) but it will most likely be after July 10th. My questions are:
1. Can her new employer apply for a new cap-exempt H1B while her COS is pending?
2. Do we need to withdraw her COS application after new H1B is approved? (I have read at many places that this may leave her out of status)
What is the best way to tackle such situation?
Thanks
My wife is currently on cap-exempt H1B and she is quitting her job on July 10th, 2013. I have already filed for her change of status to H4 (i539) on June 26. Her I-94 expires in Feb. 2014.
She may get another offer (another non-profit organization) but it will most likely be after July 10th. My questions are:
1. Can her new employer apply for a new cap-exempt H1B while her COS is pending?
2. Do we need to withdraw her COS application after new H1B is approved? (I have read at many places that this may leave her out of status)
What is the best way to tackle such situation?
Thanks
