DS-156 and H1B visa revalidation question

[h1question]

Hello,

I had my H1B petition approved more than 1
year ago. But I have not had my visa
revalidated.

The DS-156 form has a question:

"Have you ever violated the terms of a US visa, or
been unlawfully present in,...."

My scene is this:

1) 3-4 years ago, I was am amployee of a xyz
company when I was unexpectedly laid off on
Date X.

2) I got an offer from another company in USA,
applied for H-1B and went back to India on Date
Y after 2 months of lay off.

3) Got my US Visa from India, and then came back
to USA and joined the new company after
another 3 months.

4) Thus, from Date X - Date Y, I was in USA on
H-1B Visa but not employed anywhere. However,
I did not overstay my I-94 date.

5) Does this fact imply that I have violated the
terms of a US Visa? Should my answer be "Yes"
to the above question on DS-156?

6) Should I get my visa revalidated or or just go
in and out on AP?

7) Also, in the supplementary application form,
they ask for contact information of managers
in previous companies.

If my relationship with the manager of the
company from where I was laid off is not good,
will it affect my Visa revalidation?

Thanks in advance.

 

[ginnu]

I had my H1B petition approved more than 1
year ago. But I have not had my visa
revalidated.

The DS-156 form has a question:

"Have you ever violated the terms of a US visa, or
been unlawfully present in,...."

My scene is this:

1) 3-4 years ago, I was am employee of a xyz
company when I was unexpectedly laid off on
Date X.

2) I got an offer from another company in USA,
applied for H-1B and went back to India on Date
Y after 2 months of lay off.
--- You were out of status but not illegally staying as you had valid I-94
3) Got my US Visa from India, and then came back
to USA and joined the new company after
another 3 months.
------- Good
4) Thus, from Date X - Date Y, I was in USA on
H-1B Visa but not employed anywhere. However,
I did not overstay my I-94 date.
-----Not a problem because you went out and got new H1b visa stamped and entred with newI-94
5) Does this fact imply that I have violated the
terms of a US Visa? Should my answer be "Yes"
to the above question on DS-156?
----- You were NOT unlawfully present, I would write NO but don’t depend on my opinion better ask good lawyer
6) Should I get my visa revalidated or or just go
in and out on AP
------- If you are eligible foe revalidation in US you can send it for revalidation. I don’t know when your passport Visa stamp expires or expired. You can also use valid AP
7) also, in the supplementary application form,
they ask for contact information of managers
in previous companies.
-----Provide the info
If my relationship with the manager of the
company from where I was laid off is not good,
will it affect my Visa revalidation?
-----------NO