Out of status

[paulian]

Read a lot of threads over the weekend and even posted and got knowledgeable feedbacks from txh1b.

Arrived to some final set of questions:

1) One can not do H1 transfer if out of status. but it is a new H1 petition filed by new employer

2) In this, case, COS cannot be filled, but it is CP and one needs to leave and come back to US on a new I 94.

3) As I have a valid visa(validity defined here by visa expiry dates) I may just leave US and re enter showing I 797B and old visa. This will result in a new I 94 per new employer and I will be back in status.

4) I can only start work once I get this new I 94.

My lawyer is insisted to go for Counsellor processing once I get 797B.
<<
You have not maintained your H-1B status for over month now. AC 21 Portability is eligible only for those who are maintaining their H-1B non-immigrant status. That is why we recommend leaving the country in order not accrue unlawful status in the US and becoming a subject to a three or ten year bar to the US
>>

But I am trying to avoid that as now a days as in case I get into 221g it may take time and it is hard to get a project and employer. I got one and I am suppose to join them ASAP.

Please txh1b and other seniors correct me where ever I am wrong.

Appreciate your hard work in showing is way ahead.

Thanks
Paul

[txh1b]

1. Technically, every H1b is a new H1b. Ones that have already been subject to cap are referred to as transfers when the person is already in valis status in the US. If a person is out of status, as per the law, H1b portability cannot be used.
2. Yes, as portability does not apply. There is a risk of one to have worked illegally from the date of portability in case of a denial.
3. Provided your H1b petition gets approved. Do not accumulate out of status period. You should rather go for PP on the H1b and get the approval fast.
4. Yes
5. Your lawyer is very right. Follow their opinion. However, as you already have a valid H1b stamp and you are not illegal, the stamp remains valid. Out of status and illegal are two different but related things.

[paulian]

Thanks txh1b

Company has filled for Premium processing. I will wait to see what lies ahead and will then go from there.

My new company and old company both hired the same lawyer and therefore I got stuck with they insisting with CP.

Hoping to hear back soon

Thanks
Paul