H1-B Cap-exempt : Visa Stamp

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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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  • 4 weeks later...
On 2/10/2020 at 1:21 PM, gopalakrishnach said:

1) Yes. You can come back without stamping. Just carry h1B approval copy.

2) No I guess

Thank you very much sir for your reply, this gives me so much hope given the uncertainty in processing times of visa stamp. 

My petition is currently under premium processing, a quick question here: 

  • My LCA shows start date as March 5th, Will there be any issues at POE on this? Given I'll be travelling after this date. Since this is a new job, any issues when I travel past the start date? 
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