H1B COS abandoned- next step?

[rebelloenclave]

My friend asked me to post in Murthy forum for help:

When my L1B extension was pending with uscis i have applied for L1B to H1B COS in this year quota. It got picked in the lottery.After that

My L1B Extension got denied and i have travelled back to India(can't avoid) during COS is pending.My employer received an email with below message after receiving H1B approved email with i-94 dates.

The Vermont Service Center has approved the following

I-129 Petition for Nonimmigrant Worker

that had been filed under the Premium Processing Service:

Receipt Number: xxxx

Petitioner: xxxx

Beneficiary: xxxxx

DOB: xxx

Classification: H1B

Starting Validity Date: 10/01/13

Ending Validity Date: 04/02/16

Consulate notified (if applicable): xxx

I-94 # (if applicable): xxxx

"because the beneficiary departed USwhile the cos is pending, the beneficiary is considered to have abandoned the request for a change of non imigrant status."

Now i am in India and got H4 stamped (spouse working on H1 in US) and planning to come US on H4. My employer saying below.

" come back on H4 we can refile your H1 . Since H1 isapproved you are not subjected to the quota".

My questions are

1) is it possible to refile H1B now? will that mean if everything goes fine can i start work from 10/01?

2) when can i start refiling and how much time will it take?(i mean can i start and complete refiling before 1st oct )

3) My employer also said, i can go for H1B stamping and enter on H1B to US. i am confused here ..how is it possible to go for h1b stamping since my request is abondoned ?

Please suggest me best approach for smooth processing.

[pontevecchio]

Visa has no connection to status. Get the H1 visa and come over in H1 status up to 10 days before October,1 or come over soon in H4 status and the employer will refile the H1 petition with COS from H4.