My I-94 expired and transfer the H1B

[muralp]

I was transferred my H1 from Company A to Company B on May 20th 2012 and after applying the H1 transfer immediately traveled to out of country i.e On May 31st 2012.

The company B transfer and got the approved petition on June 14th and valid until June 2014.

i was travel back to the USA on June 23rd,but the company B not send the approved I-797 to me and also asked me to travel on Company A visa and I-94 which was valid until September 31st 2012.

Now i am transferring my h1 from company B to Company C i.e on Nov 14th 2012,The company C(American company) updated me am in out of status because the active I-94 is for company A.

They suggested me leave the country immediately they will start the process and wills send the documents so that i can go for fresh stamping.

My questions are as below.

1.My I-94 is in out of status is i am legal to apply the h1 transfer?

2.They will apply the transfer after i leave the country ,because of posting LCA etc.is it legal to apply transfer while i am not in the country.

3.what is best solution ,should i continue with my company B or should i leave the country and come back with company C (Company C is big and gave me the good offer).

[pontevecchio]

" was travel back to the USA on June 23rd,but the company B not send the approved I-797 to me and also asked me to travel on Company A visa and I-94 which was valid until September 31st 2012"

On the face of it this act could be misconstrued as fraud. Before leaving get a Lawyers opinion. .

[muralp]

The Company C Lawyer asked me to leave the country and come with fresh stamping.is any one had the experiences what needs to be explain to the Visa officer if they ask about out of status/is any other questions can expect.