Can I travel to India in h4,when my h1b petition is approved ???

Hi, 

 

I had applied for H1b through one consultancy in June 2012. But due to personal reasons I had to travel to India in Oct month and stay in India alteast till June 2013. 

 

When I asked about my H1 status to consultancy, they don't respond correctly. They ask me to travel back to US in H4 and they apply for COS to H1. 

 

They said my petition was approved but dint give me the papers . Am so confused.

 

Is that possible? 

 

Or do I need to apply for fresh h1b quota again in next year...???? 

 

Please I need your suggestions. 

 

Thanks,

You can travel back to US on H-4 and file COS from H-4 to H-1. The other option is to go for H-1 visa stamping in India and then return to US on stamped H-1 visa. The last option (if you do not trust your current employer) is to file through another employer (cap-exempt if you know the receipt number).