H1B out of status, new petition,,Please help

[venom6328291]

All,
I am in a very tricky situation and would appreciate any help.

I was in the US until recently and unfortunately accumulated one month of out of status. I had a valid VISA during this period. (My visa is valid until 2013). Now , my new employer in India wants me to go to US on a new project. My previous employer has revoked my petition. My new employer is willing to file a new petition.

My question is whether I should go for a new visa stamping on my passport? If I do go for a visa stamping, what are my chances?
Would it suffice If my new employer files a new petition on my behalf. In this case, I will continue to hold onto to an existing visa but with a new petition. Is this legal? Wouldn't my visa stamp be void, the moment my previous employer revoked my petition?

Would I run into any problems at port of entry? It will be great to know any thoughts on mitigating my risks.

 

[ImmigAttyLana]

As long as you have a valid H-1B visa and you get a new H-1B approval notice from the new employer, you should be fine traveling to the US for the assignment/project.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[venom6328291]

As long as you have a valid H-1B visa and you get a new H-1B approval notice from the new employer, you should be fine traveling to the US for the assignment/project.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Thanks a lot Lana for your time.

I am in India now, so will consular processing apply to me? Should I ask my employer to file a petition and wait for a RFE in my case?
Or can i do something in advance in my petition to mitigate the risks of a RFE. I am just trying to be super cautious here.

Any other risks that you foresee?

Thanks in advance

 

[ImmigAttyLana]

If you are outside the US and not seeking an extension of stay but it is a new H-1B visa petition, there is no apparent reason why a RFE should be issued on that point. There may be other issues for a RFE but I cannot speculate on those since I don't know anything about the case.