If you have left the country, there is no deadline for when another company can file an H1B petition for you. You will need to wait until USCIS approval and enter with an unexpired H1B visa through any company and copy of I-797 through the intended employer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
NO, you are accumulating unlawful presence. Form I-797B is issued for the approval of an alien worker petition. This version is issued to applicants who are currently residing in the U.S. and also to applicants applying from their home country. Form I-94 is not issued with Form I-797B. Applicants who receive Form I-797B and do not currently reside in the U.S. must go for visa stamping in their home country in order to enter the U.S. No one can predict what Trump will do as President. So, I recommend retaining experienced immigration counsel right away to discuss your situation in person. The enforcement of immigration law is now stricter, since Trump became President. So you should seek counsel and look to resolve your immigration matter as soon as possible. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.
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