2. ur out of status is not ur wrongdoing.if u can provide proof that ur previous employer has arleady escaped. this is very good proof. USCIS will consider this.
don't worry, laws can alwayse be explained by people, thta's why ppl need lwyers!
Even if u are denied, u can go to the court, and u will win the case, because it is very resonable.
Use ur mind!