H1-h4-h1

[immireader]

Hi,

I came to USA on H4 visa and then applied for H1B. I was employed on that visa for more than a year and I have all my pay slips. Then I did COS to h4 few months back. My husband's H1B and my H4 are under extension currently and we have received the receipt number just 2 days back. Now I have a job offer again and want to go back on H1B which is valid until September 2011(can be extended for another 3 years).

Can I apply for COS to H1B while my H4 is under extension?

Also since this time employer is different I will also have to apply for Transfer of H1B, so is it a problem with my H4 under extension?

Thanks in advance, please suggest.

[shervin143]

Search and read about the last action rule. The last received approved notice (with the attached I-94) will decide your final status. If H4 gets approved last, then your status will be H4 and you cannot work until you get your status changed back to H1B.