H1B Transfer issue (got visa but no I-94)

[rajvk]

Hi,
i have applied for H1B transfer. Before appling for transfer i was on vacation for about 2 months and i have provided the USCIS with the vacation letter, I just got the reply from USCIS (after 7 months of my application) that my H1 was approved but my H1 extension was denied (i did not get a new I-94) and that I am currently out of status and i should leave US immediately and get my H1-B visa stamped.

But now the problem is, my project is completed and my new employer laid me off and I am no longer their employee, so they cannot provide me a supporting employment verification letter for the US consulate. And they are insisting that I should leave the US soon (like next week or so) which looks like I have to return to India and apply for a whole new H1 visa.

please advise as what are my options?

Thanks,
Raj

[Murali]

If you are already out of status you must leave USA.
the only option u have if the employer agree to provide you documents for H1 stamping, you may talk to him, that you will get H1 transferred but for now he should help you to maintain the current H1 till it gets trnaferred to other employer.
Or if that does not work - apply for new H1 in coming april.

[rajvk]

Thanks for the reply,
i am not sure if i am out of status....

my new employer is not willing to provide any employment letter so i can go to embassy and get stamped the new visa.

I have H1B with my old company and they still hold it, i got stamped on it and its valid for another year, so can i use that with out any problem or what should i do if want to get back to my old employer (my first employer) and continue working with my old company?

Thanks,