H4 to H1 COS when fresh H1B was filed instead of COS

USA H1B Visa
1

Hi,

I have been in USA for more than a year now on H4. This year my employer filed H1B for me but instead of making it a COS, they applied for fresh H1B. Presently the status of H1B is in RFE. Is there any way I can apply for a Change of Status staying in US or is going back to India and getting it stamped the only option ?

Thanks

2

If he hasnt filed as COS, you need to go back to india and get it stamped before to start working.