H1 221(G), application withdrawn, got H4, travelled to US, COS from H4/H1

[h1baspirant1234]

Hi, got 221(G) during my h1 interview as VO is not convinced with internal project that i am going to work. waited for 4 months and applied for h4. during h4 interview they have asked me to withdraw existing h1 visa application, i did that and got h4 stamped. my h1 petition is sent back to uscis for revocation stating that i have withdrawn my application. Now i m in US on H4, the same employer says he can use the same old h1b petition, apply for amendment along with COS from H4 to H1 and can get it approved
please let me know
if is it possible to do that?
will it cause any issues for me going further?
any complications with using old h1 petition even after withdrawal?
have asked employer to apply for new h1 petition, they are not interested in that.

Thanks

[raghvi]

Hi, got 221(G) during my h1 interview as VO is not convinced with internal project that i am going to work. waited for 4 months and applied for h4. during h4 interview they have asked me to withdraw existing h1 visa application, i did that and got h4 stamped. my h1 petition is sent back to uscis for revocation stating that i have withdrawn my application. Now i m in US on H4, the same employer says he can use the same old h1b petition, apply for amendment along with COS from H4 to H1 and can get it approved
please let me know
if is it possible to do that?
will it cause any issues for me going further?
any complications with using old h1 petition even after withdrawal?
have asked employer to apply for new h1 petition, they are not interested in that.

Thanks

Yes it is possible. But join and start workign for employer only after its approved not merely on the basis of the receipt as such cases have potential of rejection again if project/client and other things are still the same.

This is my opinion not legal advice.