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H1B, H4 Visa

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I really need someone's suggestion on this please..

I got an RFE and as we are not eligible to work after Sep 30th. My employer is asking me to work without a pay, when I said I cannot work he is saying he will fill my position in the mean time. My question is

Can I still get an approval even if my position is filled and if my employer does not withdraw my visa?

If H1 gets approved then I have to have payroll run on my H1, as I said if the position is filled and if there is no payroll running, what are the problems will I face?

If I can find another employer who is ready to transfer my visa, will there be any problem after the approval till the process of transfer? And how soon do we have to start the transfer process?

Thank you so much in advance.
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