Out of status and H1 stamping

[Ramvel]

Hi All,
I would like to get some expert opinion on my status.

My Situation
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1. I travelled to USA on August 2008 with a L1 visa.

2. On Oct 1 2010, I was approved for H1 with COS.(I was in India when my H1 COS was approved and travelled back to USA on January 2011 with my L1 company itself.)

3. By February 2011, I joined my H1 sponsor.

At that point of time i did not understand that i am back to L1 status as I entered country with my L1 visa. I worked with my H1 employer for 4 months and applied for H1 transfer with a different employer. This is when I came to know that my status is still L1 (out of status for working with H1 employer) and I have to travel out of country and come back with H1 stamping.


Now I am in India for my stamping. I understand that i have been out of status for some time.

My questions are,

1. How long am I out of status? (If my out of status period is less than 180 days, will my out of status be over looked).

2. If I was asked about this out of status, is there any meaningful explaination which will help me get my visa?

Any other suggestions will be greatly appreciated.

Thanks
Ramvel

[Ramvel]

To add on, I have an approved I797B for my latest h1 Transfer

[shervin143]

First of all your were out of status on L1 and second you have been on illegal employment with the H1B employer. Now it totally depends on the VO to decide whether to issue you the visa or not. He/she may overlook and issue you a visa or reject it based on the out of status period. You can try to explain that you were not aware of the complication. However, not knowing the H1B regulation is not an excuse. As I mentioned above, it totally depends on the VO in this situation. Hopefully you will get it stamped without any issues.

[Ramvel]

@Shervin143, Thanks for your response.

[monkey]

@Shervin143, Thanks for your response.

Hi Shervin143,
did you get your visa stamped? did the vo asked you any question related to your status?
Please reply, as i am in same situation as yours.