Out of status H1

[heyvishy]

Hi,
I have a question related to my situation.
Basically I was laid-off on June1 2012. I am on H1 visa.

Now my previous employer (a typical H1 consultant) with whom i worked before my last job, offered me a Job , on June 21 .
He says , my H1 petition with them is still valid . They did not withdraw it.
I looked that old H1 petition and it is valid till end of this year.

My old employer says , he just needs to file new LCA and file an H1 extension later in the year.

My question, is if that is true ? Can this be possible ?

Please advise.

[shervin143]

The employer will either need to file a new LCA and the H1B transfer or you will need to leave the country and return back on their valid H1B visa to get an I-94 associated to their petition to start working for them.