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dexter9129

H1-B Cap-exempt : Out of status?

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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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Received H-1B revoked notice on Feb 3rd, what does this mean?  -- as per law employer must let USCIS know that you no longer work for them and revoke your H1B and that might be case.

1) Yes. You need to carry old valid visa and new H1B approval notice.

2) No.

Better leave country a vacation and avoid illegal stay. Your way is easy just get new H1B approved and come back.

I am not sure about 60 days but I feel expiry of I94 or 60 days which ever comes first is considered as legal status. I feel after 60 days you will be illegal. I may be wrong...

Edited by gopalakrishnach

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1. Yes

2. You will have to leave if you can't apply for a new petition by I94 expiry date. You don't need new visa if you have a valid visa from old employer.

No, you are not out of status. Revoke notice is nothing to worry about. Your employer has revoked your H1 as you don't work for them anymore.

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1. Yes, you don't need a new visa stamp till Oct 2021, but carry your new approved I797 when you re-enter US.

2. Not required.

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