H1B cap exemption rules

[new_or_renew]

I was in the USA till June 2018 with Employer A on an L1A visa. My last I94 was valid till 3/2020 before I moved back.

I have an approved H1B petition that I did not get stamped. (Petition End Date : Sept 2019) . I also have an approved I140 petition (EB2) filed by Employer A with Priority Date of July 2015. I'm now working in India at one of the remote offices of Employer A.

I wanted to check if I can work for Employer B in the USA on a H1B petition without having to go through the H1B lottery again since I have an approved but un stamped petition valid until Sept 2019. 

Would I also be cap exempt after Sep 2019 since I have an approved I140 ? or does that need me to be in the US & in H1B status. 

For both Employer A & Employer B , the job descriptions are pretty much identical.

 

 

[Chai]

In order to exempt from H1-B cap a beneficiary has to work under H1-B and must draw at least 1 paycheck. 

If you never worked under H1-B status, your H1-B never kicked in irrespective of H1 stamped or not on passport.