I-94 online(CBP) vs i-94 in i797

Hello Anil,
I hope you are doing well. Thank you for helping me earlier.

  • Let’s say I am working for company A.
  • I got new H1B approval notice in March 2019 for the period 08/2019 to 08/2022.
  • I traveled to India, obtained a new H-1B visa stamp, and re-entered the US on June 2019
  • When I came back to the US and showed the CBP officer that new visa (and the March 2019 approval notice), in spite of that, the CBP officer chose to give me a I-94 (online) only good until my old passport expiration end date i.e. 10/2020
  • I got new passport in 09/2020.
  • I am planning to change the job (let’s say to company B)
  • Now companyA attorney saying I am good “The last action in my immigration history is the H-1B extension validity period taking effect on 8/19, which was after my last entry and before my I-94(CBP) expired. As such, I may continue to remain in the US based on the H-1B extension approval notice an no action is required at this time” → I think this is called Last Action rule.
  • Now my companyB attorney saying Last Action rule is little unclear and if they start h1b transfer most probably it will be approved but there little chances it can get rejected.
    My question is if my h1b transfer some how rejected(worst case), I will be in very weird situation, I can’t say to CompanyA’s attorney saying I tried h1b transfer but it failed, so let’s extend my visa.

I am in little confusion here, Can you please suggest something?

Assuming you are going to resign the job with employer A only after your H1B is transferred to employer B, how would employer A or their attorney know your H1B transferred failed?