H1 Visa revoked. Is it still CAP exempt?

[ur2cdanger]

My company went out of business two weeks ago and my H1 visa was revoked yesterday. I got a new job offer and asked the new employer to file for consular processing. I am leaving the country in 4 days to further not accumulate out of status days. Is my visa CAP exempt? My H1b Visa ( Form I-129 according to USCIS case status ) was approved in July this year and it started in October this year. I have not got the stamping yet. Is my visa CAP exempt? So when the employer files for the consular processing, I can re-enter with the new employer's stamp? Please help with this detail.

[JoeF]

Of course it is cap-exempt. H1 revocation does not change that, and is completely irrelevant for you, anyway.

I assume you had started to work for the old employer.

If so, then the new employer can file an H1 petition at any time, and you have to get an H1 visa once the new H1 is approved, and you can enter with that.

[jairichi]

Yes, new employer can file a cap exempt H1B petition. You can enter US with a valid H1B visa and new employer's I797.