COS from H4 to H1-B approved as "Consular Processing"

[Trearis]

<originally posted in "H4 - H1B" forum; reposting in the "H1B:Visa Stamp" forum...>

Hello Everyone,

I'm currently in the US on a H4 petition (not stamped) valid until 2014.

A new employer in the US filed a COS from H4 to H1-B this September. The employer's lawyer received the approved petition early this week and realized that the H1-B was approved as "Consular Processing" instead of COS and does not include a I-94.

Some of the options discussed were:

1. File a amendment with USCIS (possibly could take a long time for response; getting into RFE etc...)

2. Explore visa stamping at a US consulate in Canada

3. Visa stamping in India

I really appreciate if someone who has gone through similar issues or has expert opinion comment on this situation.

1. I don't have a US master's. Can I go to a US consultate in Canada or is it mandatory to go home country for stamping?

2. If I go to Canada for my stamping and run into issues (rejection etc), can I use my valid H4 petition (NOT STAMPED ON PASSPORT) to travel back to the US?

Thanks and appreciate any feedback.

Regards,

TJ