India Travel while H4 to H1 in Progress

[Libra_85]

Hello,

 

I am currently on H4 visa, I applied for H1 visa through a consultancy in Apr 2015. After applying for H1 I had to make an emergency travel to India.

 

The series of events is as follows:

 

2-Apr -> Applied for H1

10-Apr -> Travelled to India

15-May -> Got information that my case has been selected in lottery.

5-JUn -> Returned to USA on H4 Visa (new I94 issued)

15-July -> Got RFE

3-Oct -> RFE documents submitted to USCIS.

 

The decision is still pending.

 

My question is if my H1 gets approved can I start working immediately?

Or do I need to apply for COS? As my I94 submitted while H1 processing and current I94 numbers are different.

 

Any help is highly appreciated.

 

Thanks in Advance!