H1B(I-797) expired on sep 4th


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I am working in EVC model. I am in 6th year extension and current H1b expired on sep 4th 2019.

i -94 valid till jan18 2022

i-797 expired sep 4th 2019 and I have approved I -140 with same employer.

my employer filed h1b extension in August and on August 23 I got RFE. 

Attorney said he will file new petition for extension with different service center and filed one on sep 4th 2019. He said he will with draw old one. ( I don’t know why instead of answering RFE he is filing new one)

He didn't have me any details on RFE he is just saying it’s 6 page long.

My question is, am I eligible to legally work since my h1 expired on sep 4th. But my i94 is valid. 

Once my h1b approved do I have to go for stamping?

i really cannot travel longer distance as I am 6 months pregnant baby due dec 2019. Please advice.


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