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cap-exempt or not??

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  • cap-exempt or not??

    I got an Consular H1b approval I-797B (without an I-94) this year and I had been working for the same employer (since April 2016) on F1-OPT to maximize OPT time. Unfortunately, I didn't win the lottery last year and this year while being on STEM extension(24 month), I got laid off and my company withdrawn h1b (Occurred after Oct 1st). I haven't "use" my H1b which is valid until 2020 since I haven't been back to home country for stamping. I got a new job now and I am wondering if my H1b is cap-exempt and is portable to the new employer? Thanks.

    My OPT is valid until Feb 2018.