I94 expiring before I797

[sidhiraj1]

Hi,

here is my case -
I changed my employer in April-2017 and got my H1B transferred. Through new employer I got i797 upto April 2020 but my new employer withdraw extension of status because of some reason and I have i-94 valid till sept 2018 (original visa period).
My Lawyer is suggesting me to go to India in may 2018 and come back so that I will get new i94.
My questions -

1) Do I need to go for stamping since I have changed employer ?
2) If I am not going for stamping and show my new i797 at port of entry how new i94 end date is decided ? depending on stamped visa or new i797?

Do you think any problem with this ?

[newacct]

Not sure why your "new employer withdraw extension of status because of some reason". That seems very strange. Are you sure about this? Did you get an I-797A or I-797B?

You have been out of status since you stopped working for your old employer, and if your employer never applied for extension of status with the petition, then you are still out of status now, and furthermore, have been working illegally for the new employer, since with no pending or approved extension of status, you can't work.

If what you say is true, 1) yes, you have to leave and get a visa to come back and work, 2) you will be admitted until the end date of your H1b petition, unless your passport expires sooner.