H1-B rejection during stamping and renewal based in I1401


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Both me and my husband have our I140's approved individually. My husband works as a consultant and planning  to visit india next year for his first time stamping. He has already finished 6 yrs of H1 and his current H1 ext is based on his I140. My questions following :
In case his H1B gets rejected during stamping and he comes back to US on H4, can his employer again file an H1 based on his previous approved I140 and then can he do status change back to H1 in US ?
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