I just checked my I797 and found the I94 stub is valid until 2013, which should be fine. Now what about if my current employer don't want pay me before the new transfer starting date?
-If they agree you to work, they have to pay you and this is required by law.
I think I need to go back China even my I94 doesn't expire.
-You can legally stay in US during the h1 transfer pending without status gap. If the H1 transfer is approved more than 10 days before the H1 effective date, you may need to go to China to get the h1 visa to come back to avoid status gap though you can legally stay in US in this case.
In this case, do I have to go to US embassy and reapply H1b? Or I can just hold my H1b transfer approval stuff and reenter US without visiting US embassy in China?
-If you leave US, you have to get the H1 visa to come back in advance up to 10 days before your new H1 effective date unless you have a valid old h1 visa stamp in your passport.
