H4 to h1 COS denied due to incorrect departure record in i94

[Neha7046]

Hi,
I am currently on am h4 visa that is valid till 11/11/2014. My current u94 us also valid till the same date.

I had applied for a h1b visa this year with a COS. My h1b petition is approved effective 10/01/2104 but I didn't receive the new i94.

My employer state that the he has received a letter from USCIS stating the reason for denial is COS is that as per their records I left US on 06/21/2014.

Note here that I NEVER traveled out of the country in the last year. Though my ticket was booked on the above date but I didn't travel back!!

This seems to be a very serious glitch done by the airlines due to which my i94 records are inaccurate on CBP website.

My questions:

1) who should we contact to get the i94 records corrected? Is the airlines, CBP, USCIS and/or all?

2) can my employer get back to USCIS with all proofs of my legal stay in H4 and get the COS done now? Or do I need to go for counsellor processing?

3) can a new petition be filed with COS by new/old employer , under cap exempt?

Please suggest the options available to me now!! Thanks

[Neha7046]

Looking for your expert opinion

Hi, Can please someone let me know the way out on the above.

Thanks in advance