H1B, out of status, would it be approved on my visa trensfer?

Asked 11 months ago - New York, NY

my H1B is in process for transferring.
company A - approved H1B, valid by 2014 May.
company B - started work 7/2/12 with receipt, laid off at 11/16/12.
applied visa was withdrew, and notification at 1/10/13
company C - started work 3/5/13 with receipt, still working.
And received requesting to prove sustaining visa status during May 2012~ March 2013 from company A - sent W2 form 2011/ 2012, and explanation about why I don't have pay-sub from A during the period.
question
1. Am I out of status from May 2012 up to now?
2. What would result come out?
3. if my visa doesn't go through, what I need to do for getting approval. can i apply new H1B cap exempt out side of US or here?
please help

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You appear to be out of status. See an experienced immigration attorney.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Harry Asatrian

    Contributor Level 15

    Answered . What does your employers lawyer think?

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 1. You have a gap in your status, during the periods you already know.'
    2. Denial of change of status the US, you will need to consular visa process.
    3. If your visa doesn't go through on this one, in all likelihood any new one will also not going through.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more

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