Out of status awaiting new H1b, what can I do?

[immig7]

I am laid off from my old employer (A) on May 1st. The H1b will eventually be revoked by the old employer (A) but I am technically out of status now. My new employer already filed new petition with start date as July 1st, this is pending premium processing. My lawyer stated that the new I 797 will likely arrive in 10 days. What do I do now as i am now out of status? Have family, their H4 has valid dates till 2014 but without my status what are our options?

Do I simply sit tight and wait? Should I wait for my new I 797 and see if it comes with I 94?

pls advise

[wiweq]

You would be considered out of status for May 1 to July 1st. Most likely you will get an RFE asking that what visa status you will have till July 1st. Its 2 months gap, 2-3 weeks gap may be ignored but 2 months, only USICS knows?

What visa status did you plan till July 1st?

As you know your previous H1b status was gone on May 1st, you should have asked your new employer to file the H1b with start date with in 1 -2 weeks.

[immig7]

I have not planned any visa type, should I leave to india by end of this month and return on july 1st?

my kids are in school and hence hesitating to leave now, if I leave by may 30th, will i still get RFE??

also, should I hire a lawyer to file any other visa..

my new H1b was already filed on april 12th, I just added premium processing with this lay off

if I get my new h1b, will i still get RFE?

[wiweq]

I have not planned any visa type, should I leave to india by end of this month and return on july 1st?

my kids are in school and hence hesitating to leave now, if I leave by may 30th, will i still get RFE??

also, should I hire a lawyer to file any other visa..

my new H1b was already filed on april 12th, I just added premium processing with this lay off

if I get my new h1b, will i still get RFE?

=> As I said it's all up to USCIS how do they take this 2 months of out of status period.