H1 transfer, Please help...

[phonon]

My green card application (I-485) is still pending. I worked for my previous employer under H1B.

Recently, I found a new job after being laid off. There is two months period that I don't have any pay stub. My new employer is preparing to file a H1B transfer. My lawyer told me that INS may approve my case without a new I-94 attached, in that case, I have to travel back to my home country and get a new visa stamp.

Is this true?
Is there any way I can get a H1B without going back? because I filed I-485, so I never have illegal stay problems.



Thanks for help.

PHonon:

 

[jaxen]

yes it is true (if INS approved your petition without I94)
On 485 you can also apply and get EAD and use that for employment authorization.
You can apply for AP and with an approved AP undertake the journey outside US to get H1. If H1 rejected, can enter using AP and work using EAD.