Can I apply H1 without change of status

[Garima arora]

I entered US in feb 2012 on h4 visa. I wanted to apply for h1 work permit in 2013 cap. But the issue is that I have to travel to India from April till may end. Consulting company is saying that they will apply for h1 but will not apply for COS. once I return back they will apply for COS. I wanted to know is it that easy to apply for COS later.
Will I be returning back on h4 ? Can my h1 be rejected if I am not in USA ? Do I have to get visa stamping done from India if h1 approval comes while I am in India?