I-797B Approved without I94


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Hi, I was on OPT status which is valid till Jun 6th 2017.  I got my H1b i797B approved without i94 status on Dec 28th 2016. So my sevice record got updated with new H1b status on Dec 21st 2016 itself and sevice record got closed. My employer has suggested two options to get I94. 1. Go to home country and get it stamped 2. File for New amendment. My employer has filed new amendment for i94 status in the Feb 1st week of 2017.  I have received  RFE  on March 1st 2017,  requesting for Education related documents. Which we are about to replay back on April 20th 2017. I don't have any i94 status as such it seems. when I enter my details in the on line i94 web site, its showing me my old i94 with Admit Until Date : D/S.

1. What should be my best step now, while my rfe is in pending with USCIS. Should I wait till USCIS respond back?

2. By any chance, if i didn't see response from USCIS in 2 weeks, Can I go to Stamping while my amendment is in pending with USCIS.

3. What if we withdraw amendment before i go to stamping?

4. If my scenario is out of status from Dec 28th 2016 - till now(April 17th 2017) - which is almost 4 months. Is it legal to stay in US as my file is pending with USCIS.? If not, should I leave country asap?

Please early response will be really helpful.


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