H1 filed in 2007-2010. can we apply cap exempt H1 in 2012.

[kodka]

Hi,

I was working in my country.

Employer A filed a H1 in 2007. I coudn't use that and it expired in 2010.

Currently i'm on H4 and am in US right now.

Can Employer B apply for a CapExempt H1 for me in 2013?

If i get the approval some time in May 2013. can i start working immediately?

Thanks,

kodka.