COS from H4 to H1_PA location query

[luckylux]

Hi

Im visiting US in H4 by next month and I'm planning for COS from H4 to H1 once after i get an employer.
My questions here are,
1.Should I came back to India to attend the H1B visa Personal Appearence? (In 2009, I tried for H1B and peition got approved (valid till 2013) but my visa was denied under 221(g) )

2.Is it possible for any employer to use my previous petition to process a new H1B for me?

Thanks Much....

@Shervin/Kabkaba,
you guys are really a great help for a huge community here.
Thanks a lot for your assistance...

[shervin143]

The CAP from your previous petition can be used by any employer to file a new H1B petition with an immediate start date. The COS (if approved) will come with a new I-94 which will allow you to work in U.S. No need to leave the country to get the H1B visa stamped if the H1B approval notice comes with a new I-94. If the approval doesn't come with a new I-94 (consular process), then you should leave the country, get the H1B visa stamped and return back. You cannot work until your status changes from H4 to H1B.