New cap H1B (COS) in progress entered USA in H4

USA H1B Visa
1

Hi,
I im in H4 and working with H4 EAD. My employer applied for my H1B through cap for 2019 (applied April 2018) and it is still in progress. Last year, because of family emergency, I traveled to India when my H1B application is in progress (Applied as H4 to H1B COS) and came back to USA with H4 stamping. I know, my COS would have been abandoned as I entered USA in H4 visa but my question is

If my H1B gets approved now, will it be a consular processing? If yes, can my employer apply for H4 to H1B COS again based on the H1B approval?

Thank you in advance!

Regards
Siva

2

It will be equivalent to that. The way you will get it is saying that your H1B is approved and another one saying that your Change of Status is denied. Yes, they can file for COS again once you get approval of H1B.

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