H1B tansfer, while Visa still valid but out of status

[paulian]

Hi txh1 and other Seniors

I was laid off 1 month back, I got a job offer and initiated H1 transfer in premium processing. Lawyer is going with Counsellor processing(CP). He suggests me to go for visa stamping at the consulate outside US.

I do have a visa from previous company which is going to expire in July 2010.

Do I still need to get visa stamped once i got approval as it is CP.

Or

Can I just leave US and enter at the POE by showing my existing visa and the new approval(which supposedly would be 797B as it is counellor processing)

If I can do the later, will I be back in status?
Will it affect my future stamping or Green card processing by anyways?

Please suggest

Thanks
Paul

[OMM]

Hi txh1 and other Seniors

I was laid off 1 month back, I got a job offer and initiated H1 transfer in premium processing. Lawyer is going with Counsellor processing(CP). He suggests me to go for visa stamping at the consulate outside US.

I do have a visa from previous company which is going to expire in July 2010.

Do I still need to get visa stamped once i got approval as it is CP.

Or

Can I just leave US and enter at the POE by showing my existing visa and the new approval(which supposedly would be 797B as it is counellor processing)

If I can do the later, will I be back in status?
Will it affect my future stamping or Green card processing by anyways?

Please suggest

Thanks
Paul

-- Consular processing must take place at a US consulate located at the applicant's country of birth or last foreign residence. This process is for who have been out of status or otherwise are subject to reentry bar.
It will not affect in future to your stamping or GC.
follow your Lawyer.
-- OMM

[paulian]

Thanks OMM

I wasnt planning to go to India in the near time. Just wanted to know if I can defer this processing for later this year.

Can I start with option 1 and later in the year, plan my trip

Regards
Paul

[paulian]

Please respond

I am suppose to join the client location by this month 10th.
Can I just go out and come back, do stamping later.

Is this possible in my case?

Thanks
Paul

[karjun]

Paul...

I am exactly in the same situation.

TXH1B/and other seniors..

If an entry/exit at a POE to get a new I-94 is a possible solution, Can you explain the steps to follow (example getting Canada/Mexico Visitor Visa etc.)

Any information is much appreciated
Thanks

[OMM]

Thanks OMM

I wasnt planning to go to India in the near time. Just wanted to know if I can defer this processing for later this year.

Can I start with option 1 and later in the year, plan my trip

Regards
Paul

-- you can travel upto your visa is valid.
you can stay in the USA with I797 and I94 of your employer or future employer, its not needed to do stamping again if you are not traveling outside USA or you are not going to India trip.
-- OMM