Hey everyone. This is a complicated situation and I've been going in circles trying to figure out my options. Sharing the full timeline and my key questions below. Currently outside the US and trying to understand my path back to USA.
Timeline
Jun 11, 2025 - Applied for STEM OPT (180-day auto-extension began)
Jul 1, 2025 - Initial OPT ended
Aug 13, 2025 - H-1B approved (I-797A, COS effective Oct 1, 2025)
Aug 15, 2025 - Terminated by employer
Sep 9, 2025 - Employer sent H-1B withdrawal letter to USCIS
Sept 30, 2025 - F-1 SEVIS auto-completed (F-1 gone) as H1B was approved as COS
Oct 20, 2025 - STEM OPT denied (reason: no longer on F-1)
Oct 24, 2025 - Filed B-2 change of status
Jan 4, 2026 - Departed US (B-2 COS pending). Don't know what will happen
Apr 21, 2026 - USCIS auto-revoked the H-1B petition
Key facts: I never worked a single day on H-1B, it was supposed to start Oct 1 but I was already terminated on Aug 15. I have a STEM master's degree. I'm currently outside the US with no active immigration status.
Questions:
1.Did I accrue unlawful presence? Left Jan 4
2.Still cap-exempt? Petition was filed Jun 2025, approved, then revoked. Does the cap number still count?
3.Does the $100K H-1B fee apply to me since I'm outside the US and any new petition is post-Sep 21?
4. Best path back: new H-1B with an employer, or re-enter on F-1 first to avoid the $100K fee or possibility of Day 1 CPT?
I know this is long, appreciate anyone who reads through it. Happy to answer follow-up questions. Not looking for "just hire a lawyer" — I am working on that, but I want to understand the landscape myself first.
TL;DR: H-1B approved, job ended before it was effective, employer withdrew petition, F-1 auto-terminated, STEM OPT denied, filed B-2, left US Jan 2026, H-1B revoked Apr 2026. Now outside the US with a STEM master's. What are my realistic options to get back?