Overstay after I-94 expiry and H1 refiled after Denial


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Hi,

My H1 Transfer and adjustment of status application was denied on Dec 18th 2017 and my I-94 expiry date was Jan 6th 2018. Company i work for has refiled the H1 Transfer and adjustment of status application today (8th Feb) under Premium. 

Earlier in Jan 2018 company Immigration team didn’t ask me to exit USA and i was also not in a position to travel due wife’s pregnancy in early trimester. Now, Immigration team says i need to exit USA as my refiled H1 application approval will not come with an I-94. 

Now what are my options and possible issues due to this,

1. Is it true that in this case approved petition comes without an I-94?

2. Even if I-94 comes with approved petition do i still need to exit USA and get stamping in US Consulate?

3. What are implications of overstaying I-94 date while this refilling process took place? Will this affect my stamping or rentry at POE?

Am getting prepared to exit USA while application filed under Premium is in progress. Would like to know if you have comes across such scenarios and got any suggestions.

Many Thanks

Jay

Edited by JayaprakashS
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