The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.
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Rajiv and Diane are the best immigration lawyers I've worked with in my 12 years in the US, across the several firms I've worked with over the years. I worked with them on my O-1 visa. Processing timeline delays with my PERM application nearly threatened my work authorization in the US. Rajiv and Diane worked on a tight timeline expeditiously not only to get my O-1 visa approved but also to get my green card approved, all within 6 months. This is the fastest timeline I have seen - they are a great team!