How about the days between Dec. 2 (when my TD expires) and new year (when my H1b approval notice comes)? Won't I be considered out of status and thus illegally over-staying? My lawyer is going to file my H1b next week.
-Normally your new employer will put the H1 start date on yoru TD expiration date, and thus you do not have status gap. But no matter when your H1 start, you are legally present during the H1 pending and thus, it will affect you nothing even if there is gap between the TD and H1 as long as the new employer files the h1 petition before your TD ends..
