H4-H1 COS rejected... but H1 approved???

[asachar]

My wife is on H4 here in USA with me... we had applied for her H1 in April 2007, and the employer applied for a change of status from h4-h1 too.

We were not aware that you should not travel after filing H1, and before H1 approval comes.
Due to our bad luck, we travelled to India for a social trip in June 2007 while the H1 application was pending.
We did, however go for H1/H4 revalidation and now she has H4 valid until Oct 2008.

Now, Today her H1 approval ahs come but USCIS has put in a condition that the change of status (cos) from h4-h1 has been rejected. This is because they found out that we had travelled out of US in june... and hence "abandoned our cos application"....
So they hv asked her to go to India to Kolkata consulate.. to get H1 stamped..

My questions are -
1) Does this mean that her H4 has become invalid now?
2) Does this also mean that she would have to leave US and go to Indian consulate to get H1 stamped, or is that an option we have with us?
I mean, if we do not want to use the H1 - can she keep staying in US on her H4?
3) I read in some posts that after you come to US on H4, and you have H1.. then you can still apply for cos from H4-H1..but since her cos has been rejected...can we again apply for cos from h4-h1 ?

Please provide answers to these as we are in lot of tension because of this..

[waitin_toolong]

Her status currently is H4 and her H1 though valid she cannot use it till she changes to H1. She can continue of H4 is she does not want to change to H1

To change to H1 she either has to get a stamp abroad(can be done in Mexico) or apply for COS.

The major difference between the two mthods is that in the first case she can start working as soon as she enters. To work if filing here she needs to have her COS approved to start working.

[asachar]

Que on cos???

Thanks, that was a lot of help!!!

So now since her cos has been rejected.. but since H1 got approved.. and now she is in US.. can she apply for cos from H4 to H1 again?