I-94 not approved for the H1B Employer Transfer

Hi Everyone,
I was working for TCS till the In-House project/Future Employment H1B petition got approved which is filed by Company A on February 9th.

But the In-House project-Company A Employer lost that in-house project and he asked me to transfer the H1B to my current Employer at that time that is TCS.

Unfortunately TCS is ready to transfer that H1B due to their internal policies.

So i resigned TCS on February 10th and searched for a new job and new employer and finally joined a new client/real project on March 15th 2020.

And we filed the H1B employer transfer and got an RFE in May. In RFE, USCIS raised a question on “Maintenance of status from previous Employer Company A”.

USCIS is expecting atleast one month payslip run from that In-house employer company A. But i did not work for them even for one day.

Recenlty, my Attorney who is working on my H1B case has mentioned that I may not get my I-94 approved and can get Consular processing as USCIS found that i did not maintained valid H1B immigration status during the period February 9th, 2020 to March 15th 2020 that is for 35 days.

Please let me know if i can stay in USA even if i dont get my i-94 approved with out travelling to my home country for stamping till the Travel ban expires?

You cannot stay in the US if you don’t get a new i94 with transfer approval.

What’s your current i94 expiry?

My current i-94 is expired on June 20th, 2020. And currently, I am still waiting for the H1B transfer RFE to be processed(Waiting for the client letter-due date to respond to RFE is August 20th). My Attorney has mentioned that there are high chances that my i-94 cannot be approved, but H1 transfer can be approved.
My Question- Is USCIS not approving the I-94s during this pandemic or is there any fair chance that USCIS will give some relaxation or overlook the case by approving the i-94?

USCIS will not overlook anything.

I94 is issued as per the process and there are rules for it and not by any chance.

You need to understand it.