Question related to H1 out of status

[heyvishy]

Hi Folks,
I am on H1B visa and my current employment is coming to end on coming Monday i.e June 4.
Meanwhile, i have job offer in hand from company X.They are ready to file H1 transfer in 1-2 weeks.(at max from today)

However the company's attorney mention in their H1B checklist, to do let them know if i am out of status , during H1 filing.

My question is ,
1) Would I be out of status during time of H1 filing (considering, it will only 1-2 weeks from last day of employment and companies usually do not withdraw H1 immediately)

2) Should I let attorneys know about my last day of employment situation.(I will still have a latest paystub , at max , 2 weeks old).

Please advise what to do ?

[shervin143]

1) Would I be out of status during time of H1 filing (considering, it will only 1-2 weeks from last day of employment and companies usually do not withdraw H1 immediately)
>>> Yes, you will be out of status. It doesn't matter when the company withdraws their petition. All that matters is when your last pay check is.

2) Should I let attorneys know about my last day of employment situation.(I will still have a latest paystub , at max , 2 weeks old).
>>> Yes. Keep them updated so that they can help you appropriately.

[heyvishy]

Question related to H1 out of status

Thanks shervin for answering to my thread.

I have one more question to ask.

So, my new company is going to file H1 transfer within 1 week , from now.( note : I got out of status on June1. )

I spoke to attorney at new cmpny and told him about my situation and he told me , worst case, if at all my H1 change of employer petition gets denied , then i can go Canada and re-enter US , with new I-797.
NOTE: MY passport still has valid H1 stamp(from old employer) which is valid thru next yeari.w 2013.

My question is , if go canada, would i need to go to US consulate there for stamping ?
or, just go there, and come back to US port of entry with H1 stamp and I-797 ?

Please let me know.

Thanks a lot for your help.

[shervin143]

Well, in that case, you just need to leave U.S (make sure you return all the I-94s when you leave U.S) and re-enter back and get a new I-94 at the POE. If you travel by road and if the trip is for less than a month to Canada, then the officers will ask you to use the same I-94 that you have. That will not work. You need to return your current I-94 and get a new one associated with your new approval notice. I would advise you to take a flight in that case.

[heyvishy]

Question related to H1 out of status

Thanks Shervin for response.