Applying for H-1B while H-4 is pending

[Massi]

I am in the US. Applied for a change of status to H-4 in August. I was on F-1 status until September but I am considered out of status now cause I am not enrolled for classes this semester. The H-4 change of status is still pending. Now I am getting a job offer. Can the employer apply for H-1B now? Or should I wait for the H-4 to be approved first?

I did some search and found some information but still not sure about the answer, which is why I am asking the question here. I would appreciate any help.

[shervin143]

When you are out of status a COS to H1B is not possible. If your H1B is filed based on the pending H4, then it will be a bridge petition. Meaning, H1B will not get approved until H4 gets approved. Best option is to file the H1B for consular process instead of COS. When the H1B gets approved, leave the country and return back in H1B visa and begin working.

[Massi]

When you are out of status a COS to H1B is not possible. If your H1B is filed based on the pending H4, then it will be a bridge petition. Meaning, H1B will not get approved until H4 gets approved. Best option is to file the H1B for consular process instead of COS. When the H1B gets approved, leave the country and return back in H1B visa and begin working.

Thanks for the quick and clear response.

Leaving the country would be my last choice. So I should probably apply based on pending H-4.

I just got an RFE notice for my H-4 application. I can send what they requested today. How long do you think H-4 processing will take after I respond to the RFE? Just need to have an idea.

[shervin143]

These days it is taking 4-5 months.

Thanks for the quick and clear response.

Leaving the country would be my last choice. So I should probably apply based on pending H-4.

I just got an RFE notice for my H-4 application. I can send what they requested today. How long do you think H-4 processing will take after I respond to the RFE? Just need to have an idea.