Laid off before H1B activated: am I H1B cap exempt or do I have to go through the lottery again?

[_Fmgn1_]

I'm a student on F1 (CPT) and I got a job earlier this year where my employer applied for my H1-B through consular processing. My H1-B was approved and would have been activated in October. But I got laid off this month and have no access to the lawyer anymore. I have my F1 valid till December. 

 

My question is: when I find a new job, can my new employer apply for my H1-B as cap exempt or do I have to go through lottery again and do I have to wait till April to reapply for H1-B?

[JoeF]

You have to go through the lottery again.

The old employer by law has to inform USCIS that you no longer work there, which invalidates the H1. You also need to talk with your DSO, otherwise the F1 would be gone by Oct. 1.