Legal to join & continued working after being out of status on H1B

[Apte]

Hi,

 

Please share your thoughts and advice on following situation.

 

Thank you so very much.

 

Company A for 3 yrs on H1B visa.
Joined company B last year (resigned company A after receiving original H1B approval papers for company B, I-797A with I-94 valid for three years).
Visited US consulate afterwards in home country to get visa stamped with same validity as I-94.
Lost company B job early this year. Had absolutely no idea of the implications involved with status and stayed in US.
After 64 days Company C filed H1B petition (normal Consular Processing) in Apr. Afterwards joined company C in same month.
Petition got approved (I-797B without I-94) in September & received original approval papers five weeks later.
HR is suggesting to visit Canada/Jamaica just to get new I-94 and come back to US (since I still have unexpired visa stamp and valid I-94 from previous company B).

 

- Am I **in status** while working for Company B or out of status since the entire period from last day of company B?

- Was it legal to join Company C and continued working after being out of status for almost two months?

- Do I need to leave US **immediatedly** and get new I-94 from Canada/Jamaica as stated above? Or can plan things and visit outside US sometime in Dec next month.

- Do I need to go back to my home country and visit US consulate there to get visa stamping again and then come back to US?

- What are the implications of period while out of status - on extension of visa next year and GC processing later?
 

 

[JoeF]

You are out of status and have to stop working immediately.

[jairichi]

1. Out of status.

2. No.

3. You should have stopped working after getting I797 without I94. You have been performing unauthorized employment and being in US without I94 is illegal presence.

4. Home country is the best option.