Hi. My H1B extension petition was approved in 2025 till 2027 June. But in the end of 2025 there was a NOir raised by USCIS and my employer asked me to travel bak to home country and said they will respond by with drawl to make aNOIR insignificant. And i travelled bak to my home country. Employer informed me that incan raise a cap exempt petition and get stamped and come back US.
As am currently in my home country, will my h1B status be impacted ? I have 2.5 years valid cap. Please help me to understand the impact and what best options do i have to travel back US. FYI. The USCIS case status is still showing approved
If a NOIR was issued and your employer chose to withdraw the petition instead of responding, USCIS can still revoke the approval—even if the online status still shows “approved.” Status updates are often delayed.
Since you have left the U.S., you are no longer in H-1B status (status only exists while inside the U.S.). What matters now is whether the petition remains valid or gets formally revoked. If it is withdrawn or revoked, it generally cannot be used for visa stamping, despite remaining cap time.
A cap-exempt H-1B is only possible if the new employer genuinely qualifies as cap-exempt (e.g., university or nonprofit research organization). Otherwise, a new cap-subject filing may be required.
Before attempting stamping or travel, confirm the actual petition standing with USCIS to avoid a consular refusal.