Yes, the H1B approval came with I-94, however, the I-94 number is same as the one I turned in when I left US before the approval.
-It is OK.
The attorney told me the latest I-94 I got while coming back after approval will overwrite the one came with H1B approval, and I have to leave and come back again to get the new H1B activated.
-Not true. Because your new H1 I-94 will be effective on Oct. 1 (even if it is the same number as the old one), this new I-94 will overwrite the AP I-94. Even if it is true as the lawyer said (AP I-94 overwrite the H1 I-94), you still can continue your work for your current employer without using EAD. Then, you can re-instate your H1 status someday later by going out of US to get an H1 visa or by doing H1 extension or transfer. So, you do not need to do anything now.
-It is OK.
The attorney told me the latest I-94 I got while coming back after approval will overwrite the one came with H1B approval, and I have to leave and come back again to get the new H1B activated.
-Not true. Because your new H1 I-94 will be effective on Oct. 1 (even if it is the same number as the old one), this new I-94 will overwrite the AP I-94. Even if it is true as the lawyer said (AP I-94 overwrite the H1 I-94), you still can continue your work for your current employer without using EAD. Then, you can re-instate your H1 status someday later by going out of US to get an H1 visa or by doing H1 extension or transfer. So, you do not need to do anything now.
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