H1b transfer possible

[meme]

I was on in the United states from 2006 - 2011 on F-1 status. A change of status was approved to H1b. I was laid off but stayed in the country. I have now found a new employer willing to file a H1b petition for me. will the new employer be able to successfully file a transfer?

[shervin143]

Transfer or change of status is not possible when you are out of status. The petition might get declined or will get approved without a new I-94. If the petition gets approved without a new I-94, you will have to leave the country and return back in H1B visa.

[meme]

if the petition gets approved without i-94,
1. will I have to go to my home country or can I go to a consulate in canada or mexico
2 will it be a problem to get the visa at the consulate

[shervin143]

if the petition gets approved without i-94,
1. will I have to go to my home country or can I go to a consulate in canada or mexico
>>> You can go to Canada or Mexico. But the chances of getting stuck there on basis of a 221g admin processing is very high as you were out of status for quite some time. That is why it is advisable to go back to home country to get the visa stamped. If you get stuck because of 221g, at least you can be with your family instead of getting stuck alone in a third country.

2 will it be a problem to get the visa at the consulate
>>> It can be a problem as you have accumulated out of status.