Am I dead?

[linlsw]

I got laid off 2002 Feb. 21st and I had the lawyer filed my H-1B transfer application and received the receipt 2002 April 24th. Now I get reply from INS (02/02/2003) and they said I was out of status before I filed the transfer request.. Actually I got the second job offer one day after I got laid off... Due to some issue (I moved from NY to CA and also my lawyer said don't need to be rush), I filed the app. late and received the receipt two months after I got laid off...
If there any chance that I can explain and make INS approve my case? And also my first company closed due to no financial support and there should be no body will write notice to INS(everybody was looking for job at that time). How can INS knows my out of status except the company letter provided? Also I have two coworkers filed the same app. two and three months after mine and all got approved (Ease coast)..... What should I do and can somebody give me some idea to reply the notice from INS... Thank you very much!



Helpless...........
Nelson

 

[tt tt]

Talk to a lawyer...

You getting a new job does not put you in status..gettting an application on file does. Now when you filed for your transfer the INS can deny the transfer since you were not in status ...best bet is to ask them to change the COS to new H1...so when that is approved you can go out of the country get a visa and come back with a clean slate.
Getting noticed by INS for out of status issues is serious..talk to a good lawyer..also remember to keep all proof of all of what he does now...so that you have answers when you file for your green card later.( if you want to )