Can I apply cos from h4 to h1 while my existing h1 is pending in approval

USA H1B Visa
1

Hi ,

  1. I have applied h1 extension and that case went to RFE and we submitted all the the required documents on August 11 itself. Still my RFE not yet approved, in between due to an emergency I went to India and came back to US with H4 visa and now I am on H4 visa for 4 month. So I lost my job also.

But, If I get an another job

  1. Can I do COS from H4 to H1 with new job (Not changing my employer)?

  2. Is any risk to do COS if I give client letter and everything?

Please advice or what can i do to be on H1?