H1B Cap Exemption Question

[Priya09876]

Aug 2015- June 16: Finished Masters in the US

April 2018: H1B got picked in lottery

November 2018:

        ---Submitted resignation on for the employer who filed H1B on 12/05/2018. Employer mentioned that they would revoke H1B

        --- H1B approved for the period 11/11/2018 to 09/13/2021. Scanned Copy of I-797 available. 797 Approval notice date: 11/11/2018.

        -- Last day with employer 11/16/2018

        -Sometime in November 2018, employer started H1B revoke process, since I was no longer employed with them

       -- Departed US on 11/18/2018 and arrived in Canada as a Permanent Resident and living in Canada since then

February 2019: Revoke notice was sent to employer by USCIS. As shown in USCIS online

 

My questions:

1.       If I can find an employer in US who is ready to hire me, can I use this H1B? In other words, Do I fall under Cap exempt? Is there a way to get the original I-797?

2. If my H1B is not cap exempt at any point and if I try to fill it in lottery, will I be counted under the 20,000 Master’s cap?

 

Thanks

 

 

[cyberlord]

Was your status changed from F visa to H1 ? What visa class is shown in your I-94?

If you worked for previous employer on H1, then you are definitely cap-exempt.

[gopalakrishnach]

1. It looks like you were on H1B from 11/11/2018 to 12/05/2018. By now your H1B is gone. I feel you will be under gap. I may be wrong.

Edited January 10, 2020 by gopalakrishnach

[User099]

If your COS was approved in 2018, you can use the H1 and you will be cap exempt if you file for a new h1. Scanned copy is enough. Did you get i797A or i797B?