India Travel while H4 to H1 in Progress


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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!


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