If you won't have a status between July to Sept next year, your H1 COS(change of status) will not be granted and you need to re-enter with H1 visa stamp.
Because pending a decision on a duly filed H1 petition is considered legal presence only IF visa number or quota is available.
Or if you have a status or in grace period before Oct 1, COS (H1 I-94 will an Oct 1 start date) will be granted. It will depend on whether work authorization comes with that yet-to-expire status, if yes (such as OPT) then you can work, if no, you can stay in that status (or grace period) but cannot work, until H1 status begins.
回複:問個受名額限製的H1問題,謝謝
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• Thank you very much! -NIW2004- ♀ (0 bytes) () 12/11/2004 postreply 10:02:49