Out of Status Question - Help

[maniax]

I got laid off on February 6th. I got paid until February 13th. I spoke to my employer and they said that they will send out a letter to the INS on February 13th revoking my visa . I found a new employer who filed for my visa transfer and the application packet reached the INS office on February 13th. I now have the approval notice.

I have 2 questions:
1. Was I out of status from Feb 6th to Feb 13th? If I was, how strict is the INS when it comes to dealing with people who've been out of status for a short period.
2. I have an appointment in the Chennai consulate later this year (May 2006) for a visa stamping. I heard that it takes few months for INS to process H1 cancellations. Given this, Is it advisable for me to go to Canada and get a stamping asap to be safe? (I have a MS from US and am eligible to goto Canada for stamping).

Any suggestions and comments are really appreciated.

[maniax]

any help ?

[satish06]

I heard from some of my friends that there can be a gap of 15 days to file a new/transfer H1 visa after the layoff. And if you have been paid till Feb 13, then you were on payroll and not out of status till 13th feb.

I think there are chance of a query during the GC process regarding the gap between the employment.

You don't have to immediately go for stamping to canada or India. You can work with new employer till the visa expires or whenever you go out of US then you have to get the h1 stamping done to re-enter US.

[srv3]

Hi
I got my h1 visa approved in October 2005 (previous status - H4). But I didnt work for this employer since i got another offer in november. They applied for H1 transfer without any pay stubs in regular process.

So I am waiting for my h1 b transfer approval. Am I out of status. Will there be any problem during visa stamping.

Thanks.