out of status for 2 months and now have an offer

[elina2002]

Hi, I would really appreciate if anyone can give me a reply on my situation.

I had an H1B visa (not stamped) from Company A. I was laid off over two months ago and since then I have been out of status. Now I had an offer from another company. So I asked Company A to put me to work as a contractor so that I don't need to do H1B transfer. Company A told me that if I got my H1B visa stamped before, then I don't need to leave the country. Since I have never done so, I was told that I need to leave the country and get my visa stamped. At this point of time, I believe that is very risky. Does anyone know whether I have to leave the country to get an H1B visa stamped? Any help is apreciated.

Eli

 

[jaxen]

Yes

For First time stamping you have to do it in a US consulate.

 

[elina2002]

Thanks for the reply. But can I start to work for my old employer without leaving the country to get a new visa? Thanks.