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juhi88

H1B Revoked before Oct 1. Will I be cap exempt?

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I was working on F1- Stem OPT with my current employer and my employer applied for H1B in April 2019. My petition was picked in lottery and I received I-797 approval notice. If my employer revokes the H1B before Oct 1st, 2019, will I be cap exempted?
 

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No. You are only cap-exempt if you start working on the H1 for the original employer.

Edited by JoeF

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17 hours ago, juhi88 said:
I was working on F1- Stem OPT with my current employer and my employer applied for H1B in April 2019. My petition was picked in lottery and I received I-797 approval notice. If my employer revokes the H1B before Oct 1st, 2019, will I be cap exempted?
 

To give you more context , you can only be cap exempt if you ever stated in US under H1b status granted by a cap subject petition. In your case , your petition was cap subject and was approved, however the petition will not take in effect until October 1st.

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