回複：H1-B gap 問題請各位幫忙

I am currently on H1-B in a school, which will expire in July. I got a new job offer in industry. They are going to apply for H1 for me, but it will only start on Oct.1st.

Can I stay in US to wait for it legally, if so, is there any document around I can forward to their attorney.
-If your currrent I-94 will be still valid through Oct. 1, you can stay in U.S legally even if your job is terminated. until your new H1 is effective on Oct. 1. Otherwise, you need to get a status or leave US and come back in the late of Sept.

Otherwise, I will have to leave US and re-enter, how risky is it now for H1B visa?
-No risk to get the h1 visa.

We are also thinking about getting an O1 visa, but will it conflict with my approve NIW I-140, I haven't filed I-485 yet?
-No. it is irrelevant to your green card application (NIW).

O1's dual intent is a gray area. Will O1's approval have any effect on NIW, or will NIW's approval will not allow O1?
-No. Irrelevant.

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• 回複：回複：H1-B gap 問題請各位幫忙 -mag18- ♀ (508 bytes) () 03/22/2010 postreply 10:21:57

• 回複：回複：回複：H1-B gap 問題請各位幫忙 -863211- ♂ (912 bytes) () 03/22/2010 postreply 11:02:45