Cuurently on F1 EAD and my H1B has been approved.


I have entered US using F1 status and recently my H1B has been approved, the petition has been approved by using my old I-94 number. I had to travel to India when my case was under adjudication as I had some urgent work. My employer insisted me to not to undertake the trip since my case was under adjudication but since it was critical I had to travel to India. My employer, suggested me that I will have to go for a CP process rather than COS process as my I-94 number would change when I came back to the US.

When I was in India my case was referred to RFE and it took a bit of time for the H1B to get approved but in the mean time I had some project criticalities and hence had to travel back to US. I used my F1 EAD to travel back to US and CBP official gave me a new I-94 number.

My employer had filed my case under CP but somehow the USCIS have considered my case under COS process.

Now do I have to go back to India to get my H1B visa stamped? My employer insists me to have the h1B visa stamped as my new I-94 number is based on my F1EAD.

Please help me on the above query.