I lost my job last month and my old H-1B (and I-94) was expired one week ago, and I got an offer and want to transfer my H-1B to the new company. The attorney of the new company told me that he will file a premium application but I have to go back China for visa (he will check this option). So if it is approved, there is no I-94 for sure. But he is sure that I can get the visa in China. I asked the attorney not check the option, but he said my H-1B transfer may be denied because my old H-1B is expried.
I wonder if I ask the attorney not to check the option back China for visa, how much more risk I get denied? If it is denied, what should I do? thanks!
I heard that there are 3 possibilities: a) approved with I-94; b)approved without I-94; c)denied
I do not want to take a risk and go outside USA for a visa. I was denied twice for F-1 visa and got it the third time.