Am I eligible for H1B Cap Exempt?

[Vasuki Venugopal]

Hello Sir/Madam,

I got H1B approved petition from my previous Employer A and it has mentioned the valid dates from 1st Oct 2015 to 31st Dec 2016 and not stamped yet.

Due to some reasons I have moved out of Employer A. Petition is still not expired and Valid.

Is it possible that my new Employer B can file a H1B Cab Exempt after Dec 2016 (After H1B Petition Expired)?

[JoeF]

If you worked for employer A on the H1, another employer can file a new, cap-exempt H1 petition (also known as H1 transfer) at any time.

But of course, if you already stopped working for employer A, you are out of status, unless you changed to another status, like H4 (if you are married and the spouse has an H1.) If you are out of status, you have to go abroad and come back with the approved H1 petition from B before you can start working for B.