I missed my H1-B renewal deadline by about a month and then I remembered and started processing through the consulate process. My attorney told me as long as it's within 6 months, I'm OK. He has started applying for H1-B renewal for me. The big hassle is that since I cannot go through the regular process, I need to go back to Beijing and get my passport stamped and then get the new I-94 upon reentry. I asked him whether I can keep working and he gave me a very vague answer since he's an attorney and he does not want to give specifics. He said that there is no difference between being late for one month and three months. I guess he meant that I could pretend to be negligent. Also, he argues that I should leave the U.S. immediately and wait for visa approval in China. Therefore, since I'm still here, why should I worry about working. His logic kind of makes sense but I do have a few specific questions.
My questions are:
1. Since he has started applying for my H1-B, it's obvious that I have remembered and if I'm aware, should I stop working?
2. When I go back to China, what if the consulate asks me to provide pay stubs, should I provide pay stubs from a month ago or the most recent ones? Should I ask my boss to hold the paychecks for me?
3. What if the consulate asks me what I've been doing for the past two months?Should I say staying home? Should I ask my employer to issue a suspension letter?
I guess this is a complicated matter and if the consulate does not ask any questions, should be easy but I don't want to get my employer in trouble.
Thanks a lot for all your help!!!