H1 Approved but H4 to H1 COS denied

[h1_moon_moon]

Hello All,

My employer applied H1 in this April and fewdays back it got approved but H4 to H1 change of status denied. I travlled india in June and back in July, during that time my H1 petition was pending and got RFE too. my employer reponded to this RFE while i was in India. H1 got approved recently after I came back to US from India on H4.I attended H4 stamping there and entered US on H4 which is valid till March'2012. Now since my CoS from H4 to H1 denied, do I need to go back to India for stamping or I can apply for change of status again? please suggest me the best option

[pontevecchio]

Now since my CoS from H4 to H1 denied, do I need to go back to India for stamping or I can apply for change of status again?

You need the visa or you could ask him to refile with COS from H4 though he would not want to pay the H1 petition fees again.

Since you left while a COS was pending the COS was automatically denied.

[h1_moon_moon]

thanks for the reply