can new employer file H1B cap exempt petetion

My Visa expires on Feb 28th 2013 and i have never travelled on this. now if i change my current employer i might need to submit my Petetion to them though it is expired. Now can my new employer file an Cap exempt petetion and get an renewal of my H1B ? is there a way around so that my new employer can take advantage of my old petetion though it is taken back by my previos employer?

Do you have a copy of the old petition? You can use that for cap-exempt filing purpose. You don’t need original but just a copy.

If you don’t have the copy, then you can use the receipt number along w/ print-out of online status showing that the petition was approved. The new employer should be able to file cap-exempt petition using this.

Even after the petition has expired, you can go for another cap-exempt petiition.

Thanks Saurabh that helps me a lot in taking decision about my career. thanks again