H4 to H1B Change of Status(CoS) cap exempt before stamping


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Here is my situation. Can someone please say if I'm eligible for H4 to H1B Change of Status(CoS) under cap exempt ?


March 30- 2019 -  First entered to US in H4 Visa

April-1-2019 - H1B petition filed (NOT as CoS as I didn't have valid i94 by the time I was filling documents) 

Dec-2019 - H1B petition approved

Jan-2020 - Went to India and came back on June-2020 in H4 Visa.


Now that I'm in H4 status and have an approved H1B petition, can a new employer sponsor H1B with Change of status under cap exempt ?

One company's attorney says its NOT possible as I never got H1B stamping / original petition under cap was filed with CoS, so have never activated my H1B status. So doing CoS is not possible.  Kindly advice. 




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