Urgent: H1 Transfer and staying in US Question (GURUS pl. help)

[GC_BMBOO]

Folks

The last day with my old employer was Aug 30 (I have a paystub to that effect). Incidentally, the stamp in my passport from this employer is valid till 2010.

I got an offer with another employer and I accepted on Aug 29. But the lawyer at my new employer is asking me to leave the country while my H1 transfer is processed via premium processing. They have asked me to return to the US with the paperwork (they will courier that approval etc). The lawyer has categorically told me that I do not need to get my passport re-stamped since the visa in my passport is still valid.

Questions:
(1) is there anyway I can actually still stay in the US while my transfer is processed. If so, what is the resource I should point my new employer (specifically the lawyer) to tell them it is not a problem.
(2) I want a second opinion on whether or not I need to get my passport re-stamped based on paperwork from my new employer. What would you guys advice.

I would appreciate a prompt response.

Thanks

 

[ginnu]

Folks

The last day with my old employer was Aug 30 (I have a paystub to that effect). Incidentally, the stamp in my passport from this employer is valid till 2010.

I got an offer with another employer and I accepted on Aug 29. But the lawyer at my new employer is asking me to leave the country while my H1 transfer is processed via premium processing.
-------------------did you ask the lawyer why you need to go out? if lawyer filed your H1 transfer papers with USCIS before you joined new employerand papers reached USCIS before you joined new employer why you should go out of US?
They have asked me to return to the US with the paperwork (they will courier that approval etc).

The lawyer has categorically told me that I do not need to get my passport re-stamped since the visa in my passport is still valid.
-----------------------that is correct but why you should go out of US?
Questions:
(1) is there anyway I can actually still stay in the US while my transfer is processed. If so, what is the resource I should point my new employer (specifically the lawyer) to tell them it is not a problem.
------------------employer and lawyer should know that one can work and stay in US once H1 transfer is filed .

(2) I want a second opinion on whether or not I need to get my passport re-stamped based on paperwork from my new employer. What would you guys advice.
-----------------------If you go out of US you dont need new Visa stamp in your passport. At POE you show valid Visa stamp AND H1 transfer approval notice and you will get I-94 till H1 transfer approval notice.
I would appreciate a prompt response.

Thanks

It seems to me that you dont have good lawyer who does not know that once H1 transfer is filed one can work and stay in US.
OR
your employer does not have job for you.
OR
the lawyer filed your H1 transfer paper late or after you joined new employer or he may have not filed.
OR
Lawyer or employer is giving you wrong info and I don’t know the reason behind all this.

Ask the lawyer to show you any law/regulation that state once H1 transfer is filed one need to go out of US.