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gaps between two H1b

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  • gaps between two H1b

    Hi, thanks for reading my question. I have a rather uncommon issue concerning my H1b as the followings:

    1. I am currently working for university A with cap-exempt H1b, which will terminate (both I797 and I94) on Aug 31 2017 naturally since this is a contract job.
    2. I got a job offer earlier this year from comany B and they filed cap-subject H1b petition for me and I was lucky to be selected in the lottery. So all I need is to wait for the approval and start working for company B on October 1 2016
    Then I realize that there is a 30-day gap between my current and future H1b. I know if I were an F1 student that the "cap-gap" will be applicable to me, but I am not on F1. So I am a little concerned about this gap since it will violate the ending date of both my I797 and I94, causing me either out of status or even unlawful stay.

    So is this something I should be concerned about? Since company B filed "change of status" for me, I cannot travel out of US until my new H1b is approved, which may be VERY late this year due to the suspension of premium processing. So maybe my best bet is to leave US as soon as my new H1b is approved and obtain a visa at US embassy/consulate?

    Hopefully I have explained my question clearly and thank you for any suggestions. I am also asking this question to my H1b lawyer but due to the huge volume of H1b petition receipt notice they are processing I probably won't hear from them for a while, so I asked this question here to get some rough idea what I should be expecting. Thanks.

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