I just got to know that my i94 has been expired and I am out of status, but have approved i797.
A little background on my situation:
Last year my H1B was picked in lottery and received an RFE on it, after replying to RFE - I got denial - for which my employer and law firm opened (motion to re-open case) MTR. While MTR was open I travelled overseas and upon return was given entry in US on my F1 visa(which was still valid).
After couple of days I got notification from lawyer that while I was away my H1B got approved, and was given a i797.
My lawyer just found out that since my last entry to US was on F1, I have overstayed in US even though I had approved i797. My overstay period is around 82 days, but after finding this out I am immediately returning to my home country.
please advise me what are my options are? I have already booked visa appointment to get H1B stamped.