H4 to h1 COS denied due to incorrect departure record in i94

[Neha7046]

Hi,

I am currently on h4 and had applied for h1b visa this year with a COS. my h1b petition was approved from

10/01/2014 without an i94. My employer says that he received a copy from USCIS stating that I had left the country on 06/21/2014 and that being the reason for COS denial.

Note I NEVER travelled out of US on the said date. I had a ticket booked but never travelled!! Seems there is a glitch done by the airlines due to which my i94 records are inaccurate.

My questions:

1) Who should we contact to get the i94 records corrected? Is the airlines, CBP, USCIS and/or all?

2) Can my employer get back to USCIS with all proofs of my legal stay in H4 and get the COS done now? Or do I need to go for counsellor processing?

3) Can a new petition be filed with COS by new/old employer , under cap exempt?

Please suggest the options available to me!!