Received I797B with no I94 by mistake


Kun Liu

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I  have opt from 09/05/2017 to 09/30/2018. H1B approved on 5/29/2018. However I received I797B with no I94. I asked my attorney immediately after I found this issue and she relied as:

I spoke to a officer at USCIS who indicated the issuance of the I797B was an
error, as we requested a change of status on the petition, and we did not 
receive a decision denying the request for COS.  Accordingly, she has placed
a request for USCIS to reissue the notice with correct information. 

Now 2 months have passed still no update for this request. My F1 completed on 10/01/2018 per SEVIS information from DSO. Should I keep waiting for response from USCIS for this request? Or should I leave the country and get visa Stamp with current I797B in hand? Staying here and waiting without I94 makes me nervous, however going home for visa also make me nervous if it will affect the outcome of this request as I leave US while the request is pending.

Any advice would be appreciated!

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