Really confused, after lay-off do I need to leave the US?

[preinama]

I was on H1b visa for company A. valid until June 2010

Got laid-off on dec 9th 2008.

Company sent notification of visa termination to USCIS on Jan 31st.

My latest paystub is dated Jan.16

I applied for COS to B2, receipt dated Feb. 3

I recently found company B willing to sponsor me.

This is when it gets confusing: two lawyers and two USCIS officials told me I can transfer to campany B and start working as soon as they fill a petition since my original h1 has not been revoked yet.

Today I consulted with an attorney specialiazed in visas who told me I should leave the country right. Since I have been out of status since my termination date. he also said, when i come back if I fill for h1 transfer I will be subject to visa cap since Company was non-profit and company B is profit.

I'm very confused as to what should I do now...can I apply for H1 transfer since B2 is pending or am I unlawfully present and need to leave country asap?

I would really really appreciate an answer to this. Thank you very much

[DMX17]

You were out of status when you applied for B1 COS if it was after you got laid off (or the last pay stubs date). There is a difference between being out of status and unlawfully present.

Strictly speaking, I think the specialized lawyer makes sense. He is definitely correct on the H1 cap part if your previous H1 was for cap-exempt employer.

[txh1b]

Specialized lawyer is the one talking sense.