Can h1b be filed when h1-h4 i539 application is pending wife got terminated on march 31th(was on h1b) and I filed for COS i539 on 9th April(for H1b to h4).can a new employer file a new H1b for her while the COS application is pending.I cant do premium processing as it is closed.Please suggest.

She is within 60 day grace period given out after H-1 job termination. So she should be fine w/ a new H-1 cap-exempt petition.