H1 transfer when out of status

[nbram]

Hi.. I was fired from company A while on H-1b status. It took me around a month to find a new job and now the company is going to file a H-1b transfer through premium processing. But the lawyer told me I'm in violation of my H-1b status right now and I would have to get the new H-1b stamped on my passport in my home country even if the petition is approved. I didn't know I would go out of status as soon as the employment ended and I should have left the country.

1. What are my chances that the petition is going to be approved?

2. I have a valid H-1b stamp on my passport till next year. Can't I just go to Mexico or some other place and get I-94 from there if I have an approved I-797 instead of going to home country?

[JoeF]

There have been tons and tons of posts here telling people that they are out of status as soon as they are laid off.

This really is nothing new. It would help if you would visit forums like this from time to time instead of only when you are already in deep sh*t...

It is unlikely that the petition would be approved with a status extension.

[catx]

Following up on what JoeF posted, the advice is that anytime there is going to be material change to your employment status while on a H-1B visa, e.g. changing work locations, changing job assignments, employer being purchased, getting laid off, etc., then immediately consult with a qualified, experienced immigration attorney to know the options and plan accordingly to take the necessary actions in a timely manner. The immigration lawyer maybe the one being used by the employer if it involves things like a change in work location or job assignment. Nevertheless, be sure that the necessary actions are being taken.