H1B employer change and validity

[fhais2k]

I've moved to a new employer on Oct 2015. New employer has filed for my H1b transfer which is approved last week with a starting validity date from 1/8/2016. My previous employer has not revoked my H1b but he stopped paying from Oct 2015.

Though my new employer applied H1b transfer in Oct 15 and paying from Oct 15, I've received H1B validity from Jan 2016.

1. Am I out of status between Oct and Jan (3 months)?
2. Do I need to apply for NPT (Nunc Pro Tunc) for the gap?
3. Can it be corrected without applying for NPT?
4. My employer says, usually starting validity date is the day USCIS approve the petition. Is this correct?

Please let me know if I need to be worried on this situation.

[shervin143]

1. Am I out of status between Oct and Jan (3 months)?
>>> Not sure why the petition has a start date as of the approval date instead of the receipt date. Yor employer can check with USCIS on this. As long as the employer did not specifically request the start date to be in the future while filing the transfer, you are okay. Keep a copy of the receipt notice to prove this if questioned in the future.

2. Do I need to apply for NPT (Nunc Pro Tunc) for the gap?
>>> If the employer did not requested the petition obe approved with a start date in the future, then it is not required. Ask your attorney to check with USCIS. This could be a simple mistake on their end.

3. Can it be corrected without applying for NPT?
>>> Yes. The attorney can take an infopass appointment to discuss your case with USCIS.

4. My employer says, usually starting validity date is the day USCIS approve the petition. Is this correct?
>>> Not sure if this changed in recent times. The effective date usually is the date of receipt unless the employer requested the start date to be in the future.