I can't file H1b this year because of the quota problem. Next year most like is the same situation.
--you file H1B for next year's quota, you might got approve for October of next year.
I can go to M/C for H1b Next April, but if I come back on H1b, then I still can't work until October 1, right?
But if I still use EAD after I get my new H1b and enter US, then is this new H1b still valid?
-- Yes, if you want keep H1 status. But there is guey area: if you use EAD work in same employer before and after you apply H1 visa in M/C, you do not need file W9 form when you are back in April, I am not sure if they will treat you as H1 after October of next year.
I am sure if you use EAD and file W9, you enter AOS again.
I don't think I will be able to get H1b in September or October, H1b quota were all gone this year in July. So there is some kind of gap here, right?
-- So what I suggest is: you apply H1B this year, you will got H1B approve in end of this year or begining of next year; you work based EAD up to Sep. of next year; then you take H1B approve notice and apply H1 visa from M/C in August or Septempber of next year. You will not have any gap on visa or work permit.
--you file H1B for next year's quota, you might got approve for October of next year.
I can go to M/C for H1b Next April, but if I come back on H1b, then I still can't work until October 1, right?
But if I still use EAD after I get my new H1b and enter US, then is this new H1b still valid?
-- Yes, if you want keep H1 status. But there is guey area: if you use EAD work in same employer before and after you apply H1 visa in M/C, you do not need file W9 form when you are back in April, I am not sure if they will treat you as H1 after October of next year.
I am sure if you use EAD and file W9, you enter AOS again.
I don't think I will be able to get H1b in September or October, H1b quota were all gone this year in July. So there is some kind of gap here, right?
-- So what I suggest is: you apply H1B this year, you will got H1B approve in end of this year or begining of next year; you work based EAD up to Sep. of next year; then you take H1B approve notice and apply H1 visa from M/C in August or Septempber of next year. You will not have any gap on visa or work permit.
