H1B - Reenter and cap exemption - Please help!

[od1663 0]

Hello all,

 

New to the forum and wanted some answers. 

 

Got H1B Visa in 2011 and have had three extensions with approved i140; the priority date is in 2016. Left employer and moved to another country in 2020(last H1 stamped in 2019), and technically may have 2 more years left in the stamped H1. 
Applied for B1/B2 while in Canada and have ten-year tourist visa. Last H1 has a stamp on cancelled without prejudice on it while I got my B1/B2 stamp.
Question - 
1. Can I reenter the US as if I have a valid job offer?
2. Can my current employee apply for H1 and be cap-exempt?
 

Thank you in advance for all your help!

Edited February 5 by od1663
Added more details

[igoyougoduke 1,605]

1) did your employer apply for h1b visa  and you have i-797 approved ? than yes . you cannot reenter unless your new employer has petitioned for your h1b and its approved 

2) Yes 

[od1663 0]

Thank you @igoyougoduke, for clarifying the process for me! Just to confirm, I need to secure an employer willing to sponsor an H1 visa and ensure I have an approved I-797 form. The application will be cap-exempt even with the "cancelled without prejudice" stamp on the previous H1 stamp. Could you possibly share any insights on the timeline for obtaining this H1 stamp? I'm curious about how many months it typically might take.

[Sinead91 242]

Even though you have a valid stamp, you still need an active employer to sponsor you. If you have an approved i797, it is invalid without paystubs and proof of employment.

 

For Cap Exempt, regular processing, we see a turnaround time of 70 to 90 days for approval. 

[od1663 0]

Thanks all!