I applied my H1B before OPT expired in 2001. (say, I submited in May, and the OPT expired in Jun).
The approval took 1 year to finish. Because there was some thing wrong in the applicatoin, INS asked some question, and I replied, and then got approved. The H1 period given from INS is from the approval day(Apr,20 2002) to the May 2004(instead of May 2001-May2004 in the application). But it did have the same EAC receipt # and original applicatoin receipt date.
And there was I-94 with the approval. My lawyer said I don't need to go back to China to get a Visa. And later, I changed my work, and transfered my H1.
Now, I wonder is this a GAP thing? or possibly OUT OF STATUS? or just OK?
If I go back China to apply visa, is there any problem?
THanks for your idea and experience.