I-94 expired but i-797 is valid till Aug 21st 2020

USA H1B Visa
1

Hi There,

My I-94 is expired on 06-02-2020 due to old passport expiry. Due to COVID my new passport renewal got delayed. My current I-797 is valid till 08-21-202 and the employer is in the process of extension. I reached out to the local CBP deferred inspection site in Milwaukee and they are suggesting to cross border or apply I-539 which is not valid for H1B. Is there anyone who faced similar situation?
Any Insights will be much appreciated.

Thanks,
Gowtham Reddy

2

Gowtham,
There are many in your kind of situation, usually you should have got it done before expiry, but I can imagine with COVID. Check article below, it has many experiences in comments.