H1 221(G), application withdrawn, got H4, travelled to US, COS from H4/H1

USA H1B Visa
1

Hi, got 221(G) during my h1 interview as VO is not convinced with internal project that i am going to work. waited for 4 months and applied for h4. during h4 interview they have asked me to withdraw exisiting h1 visa application, i did that and got h4 stamped. my h1 petition is sent back to uscis for revocation stating that i have withdrawn my application. Now i m in US on H4, the same employer says he can use the same old h1b petition, apply for amendment along with COS from H4 to H1 and can get it approved
please let me know
if is it possible to do that?
will it cause any issues for me going further?
any complications with using old h1 petition even after withdrawal?
have asked employer to apply for new h1 petition, they are not intertested in that.

Thanks

2

Yes, they can do that. There won’t be any complication w/ respect to H-1 withdrawl. However, it may still run into issues raised during stamping 221g.

3

Actually this can be done only if the petition has not been withdrawn. If it has been withdrawn, then employer needs to file a cap-exempt petition along w/ COS.