My case: lose job early Sep. H1B/I94 expired at end of Sep. Old 3 more year H1B extension is pending (though withdrawn). Filed new H1B by new company Oct.5th, approved H1B on Nov.12th without I94.
When I fill the DS160 form for the visa application in China, I need to answer YES or NO for the following question:
Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? 
Yes or No?
Another question is which I94 should I submit when I leave USA? I have original I-94 for student visa, but I got a H1B/I-94 3 years ago.
Thanks!
