Dear Xiaobaitu or other DA XIAs,
I currently hold H1B status from a university which will end in May. I got my cap H1B status approval this year and will begin my new job in Oct. 1. Since there is a gap between May and October, I plan to go back China in May for one month and come back by applying H4 in China through my wife.
My lawyer told me that will void my new cap H1B, so I have to go out of U.S.A again after I return to U.S.A. My lawyer suggest me to go to Mexico or Canada to apply a new H1B visa before Oct. 1.
So my question is:
1. If I apply H4 in China, voiding my new cap H1B does not mean cancel my H1-B status, right?
2. If I go to Mexico to apply a H1B visa, should I go there no early than 10 days ahead of Oct. 1 or a little earlier (for example, go Mexico to apply h1-b in August)?
Thanks so much!!