H1b-Out of status-new petition---> new stamp?

[user8291]

All,

I am in a very tricky situation and would appreciate any help.

I was in the US until recently and unfortunately accumulated one month of out of status. I had a valid VISA during this period. (My visa is valid until 2013-july). Now , my new employer in India wants me to go to US on a new project. My previous employer has revoked my petition. My new employer is willing to file a new petition

My question is will I be required to go for a new visa stamping on my passport? If I do go for a visa stamping, what are my chances?

Would it suffice If my new employer files a new petition on my behalf and I don't go for a new stamp. In this case, I will continue to hold onto to an existing visa but with a new petition. Is this legal? Wouldn't my visa stamp be void, the moment my previous employer revoked my petition?

Would I run into any problems at port of entry? It will be great to know any thoughts on mitigating my risks.

[Attorney_10]

Generally, one may use a valid H1B visa issued for employment with Company A to re-enter the U.S. to work with Company B as long as the visa has not been automically voided and the beneficiary has an H1B approval notice with Company B. Generally, the visa becomes automatically void if one stays beyond the expiration date on the I-94 card. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine whether your visa is still valid for travel.

[206612]

Here is my case .

Worked for Employer A in India and got transfered to USA.

1. Came to USA on Apr 2012 H1B

2. My Visa Stamping is valid till 30 Sep 2013 and I94 with same date 30-Sep-2013.

3. I got a new job in Nov 2012 with Employer B.

4. Employer B filed H1B transfer (premium processing) on 14th Nov 2012

5. H1B got approved on 28th Nov 2012 and it is valid till 27 Nov 2013

6. GOt the I797 approval notice with I94 till 27th Nov 2013

7. I submitted resignation with Employer A on same day 28th Nov 2012.

6. I was asked to serve notice period 14 days so my last working day was 12th Dec 2012

7. But due to year end holidays and chirstmas, Employer B's client wanted me to join either on 10th Dec or only on

3rd Jan 2013 no dates for joining in between.

8.I joined Employer B on 3rd Jan 2013 and working now

9.Meantime i checked the old H1B petition status of Employer A , it was revoked (may be Employer A requested with

USCIS after my resignation) on 16th Jan 2013.

10. Got relieving letter from Employer A stated i worked from XXX Date to 12th Dec 2012.

11. Pay roll was ran for Dec 1st Dec to 15th Dec 2012 ( amount shows 12 days pay + 6 days earned leave as

Terminated vacation)

12. Again on 20th Dec another payroll ran for my Mobile reimbursement ($160)

Here are my questions

1. During the period 13th Dec 2012 to 2nd Jan 2013 (20 days) whether i will be considered out of H1B status?

2. Will that period be a problem for me in future?

3. Can i travel to India in Feb 2013 and come back without getting Visa stamping with new Employer name in it?

Please clarify