前面的帖子是: http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=419579
Basic situation: University H1B will expire in July. Meanwhile, company is filing April 1st CAPPED H1B.
Problem: There is a GAP between July and October.
Attorney's solution: Apply striaght H1B and I need to depart U.S. for stamp. Otherwise, VO will reject my H1B because of the above mentioned GAP.
My argument: I do not have to leave U.S. and V.O will not reject my industry H1B if I disclose extension information to V.O, including LCA, I-129, OFFER LETTER.
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After reading PJiang's article and Parmacyelite's post, I found a COOK MEMO, which can solve my case. Here is my analysis
(1) My extension (EOS) and Exxon H1B (COS) will both be timely filed during my authorized H1 status. Based on CookMemo, due to my EOS, CIS recognize that I should not, will not, accrue unlawful presence (GAP) until a final decision is made.
(2) H1B includes two parts (a) H1 petition (b) COS
Because H1B can be timely filed during authorized status, approval of (a) H1 petition will not depend on the approval of EOS. However, part (b) will depend on approval of EOS. Therefore, VO will not reject my H1B petition simply because the GAP between July to October. Either VO will remand approval notice of EOS to judge the approval of COS, or VO will issue me a new H1B without I-94 COS.
Consequently, if we apply for H1B with my EOS information disclosed to VO, I have two chances (1) Stay in U.S.A if COS is approved. (2) Depart U.S.A if COS is denied. Given high risk of background check and my financial difficulties, I really prefer instraight H1B petition. Please do correct me if there is anything wrong with my understanding. I very much appreciate.