H1B-New stamp vs New petition--out of status

[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.

[wiweq]

If you have unexpired H1b visa you don’t need to get a new one, even if you change your employer.

You will use same visa with new I797 and employer letter at POE.

[user8291]

If you have unexpired H1b visa you don’t need to get a new one, even if you change your employer.

You will use same visa with new I797 and employer letter at POE.

Thanks a lot wiweq.

Additionally,

1. Should I ask my employer and file for a consular processing? I am not fully aware if this applies to me?

2. And what are my chances here? I am expecting a RFE. Anything that I could state in my RFE to mitigate my risks. I am just being cautious(ironically in the aftermath!) here

Thanks a lot again