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H1-b cap-exempt : Out of status?

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  • H1-b cap-exempt : Out of status?

    Hello,



    I was on Cap-exempt H-1B, never held regular H-1B.

    Lost job on Dec 20th, 2019. So by Feb 17th, it would be 60 days of unemployment.

    Received H-1B revoked notice on Feb 3rd, what does this mean?

    Fortunately, I found another cap-exempt employer who can sponsor my H-1B and file under premium processing, but they can't send the petition by Feb 17th.

    My question is :

    1) Can I step out of US and wait until the new employers' H-1B petition is approved, with that approval notice can I come back to US with out going for a visa stamp? (I have H-1B visa stamp until Oct 2021 from my previous employer who revoked visa)

    2) Or is it absolutely necessary to go to home country and get new visa stamp with new employers' I-797?



    Finally, am I currently out of status? I understand I will be after Feb 17th (60 days period), but am I now? Since I received revoked notice?

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