My spouse is on H-1B (with their current employer A) and they filed for H-4 COS (I-539) and EAD (I-797) concurrently a few months back for me. I am able to remain in the US because I was on a valid O-1 status when H4 applications were filed.
My spouse has an offer from employer B. We are thinking of filing H4 COS and EAD again, alongside the new H-1B application (I-129).
-
Is it possible for us to file new H4 COS and EAD applications while the original H4 COS and EAD applications are pending?
-
Will I be considered out of status because I am filing the new H4 COS and EAD applications while not being on valid immigration status (as my O-1 status expired a few months back)? More specifically, what will we fill in “Current Nonimmigrant Status” in Form I-539 for me?
-
Is there a way to link previous H4 COS and EAD applications to the new H4 COS and EAD applications?