Didn't receive waiver, but got H1-B stamp help!!!!

[seren77]

I am in a very weird situation and don't know what to do. I got the DOS approval in September and applied for I-612. I even paid the $545 fee that I now found out that I am not supposed to. Then my attorney applied for premium processing for H1-B with the DOS letter.

I got my H1-B approval notice but waiver was still pending. I went to the consulate (I have been waiting at home country throughout the process) with the approval notice, DOS letter and other material. They didn't ask for anything other than the approval notice and I got the H1-B stamp.

I don't have the J1 stamp on the passport as I never left the country after I changed my status to J1 (from F1). My attorney says that the consulate might have not realized that I have J1 at all and gave the visa by mistake (although I wrote it in the DS-156 form). He tells me to go back to the consulate as they may call this fraud. He also said maybe my waiver is approved but not shown online. He said he called the USCIS premium center and they will be looking into it, but two weeks and nothing happened. He tells me to not enter the U.S. until things are resolved.

Can I enter with the visa stamp and H1-B approval notice safely? Do you think I should go back to consulate (and I don't even know how to do that) and tell them the story? It has been two weeks the attorney said he contacted USCIS, but nothing so far. Do I need a better attorney?

Thanks for suggestions.