H1B rejected:Reapplying H1B by the same employer

[helphelp1]

Hi all,
I am really in a confused situation now. I was working in US on employer-preferred vendor-employee relation and went to India for stamping H1B visa. I was been put on 221g asking to prove employer-employee relation. Since I thought of not providing any **** documentation, I did not pursue the visa application any more and reapplied for H4 visa. During the H4 interview, I was not asked to revoke my H1B visa and H4 was approved. Now I am on H4 visa in US. The employer for whom I was working is still ready to hire me thro preferred vendor. To that end, my petitioner is thinking of applying for a new H1. Does anyone know if this is going to be a problem with USCIS in approving H1B again? Will there be any problem because of the reason that it is the same petitioner? Also, alternatively can I amend my H4 back to H1B with the same petitioner? Any help is much appreciated!

[shervin143]

Should not be a problem. Ask your employer (or any new employer) to file a COS from H4 to H1B using the existing H1B CAP that you hold. When that gets approved, you can start working.

[helphelp1]

Thanks a lot Shervin143 for quick reply. But wont USCIS understand that it is the same employer and raise a doubt why it is getting reapplied? Although everything is as per law except that I was working as a third party vendor.

Should not be a problem. Ask your employer (or any new employer) to file a COS from H4 to H1B using the existing H1B CAP that you hold. When that gets approved, you can start working.

[shervin143]

Usually it won't be a problem. Even if that was the case, what are you going to lose? If that petition doesn't get approved, then find a different employer.

Thanks a lot Shervin143 for quick reply. But wont USCIS understand that it is the same employer and raise a doubt why it is getting reapplied? Although everything is as per law except that I was working as a third party vendor.