My h1b has been approved but visa to apply at toronto but its taking a long time to booked appt?

Question

when we answered RFE we had written that if in case visa will not be granted i will apply at Toronto, canada. im trying to get appointment on line for the last 2 wks but there is no opening . and they have 6 weeks in advance booked already . Will i be treated as out of status eventhough i got approval ? I dont want them to think that it took me awhile to get my visa - effective date of h1b is 7/22/8 thru 11-3-10 pls advise am already in the US and used to have an h1b from my previous employer

Answer 1

You have been out of status, therefore an illegal alien, since the last day you worked for your prior employer or the last day of your H1-b validity, whichever came first.  Get out of the US.  Depending on how long you have overstayed, you can be barred from re-entry, which will put an end to the forthcoming visa.  The sooner you're out, the better.  If you wait for your interview appointment, you could be in serious trouble.

Answer 2

Status and Visa is 2 different thing. Visa is entry permit to the country and Status is that you maintain once you are inside the country. Since you already got H1B approval, you are IN status.

Make a visa stamp appointment when you can and don't too stressed out.