gap of status during H1B transfer

[therisingsun]

My previous employer has sent cancellation notice of my previous H1B, and I have not yet received my new H1B receipt. My LCA was filed today.

What status I would be in this kind of circumstance? Do I have to leave this country and get my Visa stamped again?

[shervin143]

You are out of status on H1B. Your H1B transfer should have been filed before your last working day with the previous employer. If you are currently working for the new employer even before filing the H1B transfer, then that employment is illegal. There are chances that your H1B transfer might get declined or approved without a new I-94. If ot gets approved without a new I-94, then you need to leave the country and re-enter to get a valid I-94 at the POE. It is not advisable to accumulate more out of staus period. Either leave the country now and return back when the transfer gets approved or if you decide to take a chance, then ask the new employer to file the transfer in premium and get the result within 15 days.