H1B employment

[h1baroma_09]

1. My visa status changed from F1 to H1B from 1st October. I am not convinced about the reliability of this employer and not able to join and am leaving for home country on Nov 28.
Based on the fact that an employee has 60 days time to join an employer, will this step be interpreted as failure to maintain H1B status during any visa application in future at the consulate abroad or may have the potential to raise any issues during any future visa interview?

2. I will probably have a new employer who would file my petition early next year. Will that petition be a subject of the cap since I am joining the current employer and going home?

Thanks

[kabkaba]

There is no such 60 day limit. You have been out of status since Oct 1.

It will not be subject to cap for this financial year.

[h1baroma_09]

From your answer, the mathematical expression that can be drawn is:
NO ASSIGNMENT + NO PAY STUB = OUT OF STATUS.

How about this situation:
NO ASSIGNMENT + PAY STUB = ??? STATUS

[sk4ih]

Having paid by employer is important no matter you have a project assigned or not.

So as long as you have pay stubs from your employer, you're always in status.