Out of status & working on receipt now.


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Hello All,


Thank you for all the great information available on this forum. 


I have got a miserable situation and I request anyone's wisdom on this.


I was laid off in Sep 2013 and contacted a consultancy company to help me get back to status. They initially said they applied for transfer (based on in-house project) in few weeks and we can look for a job meanwhile. It took couple of months to get a job for me (Dept of Labor shutdown, other factors) and then I started working for a new client. My employer applied one more h1 extension/transfer based on the new opportunity. She did it in regular processing so that I will have enough pay stubs if we get RFE (which I was sure since I have accrued out of status). Now I got RFE and she says it may go for consular and I may need to step out of the country and get passport stamped again. Now, she also said that the first h1 transfer application was revoked due to some reasons (which means I have accumulated more out of status more than 2 months. This was a total bummer). My employer dealt my situation very cleverly - she gave offer letter and paystubs from Dec (saying that I started with his company just before starting working for new client).


1. Since I'm working on receipt after accumulating out of status for more than 2 months, am I out of status currently? I have heard about 240 day rule earlier. Will that apply for me?

2. I'm sure of consular processing if my existing H1 gets approved. Will it be extremely difficult for me to get stamped as I was out of status for more than 2 months?


Please help! 


Thanks a lot!

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Hi JoeF,


You are right but my current application is based on valid project that I'm currently working. Can you please help me with my questions in the post please?



Since you have been out of status, any COS is likely to get denied.

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