My H1B is stamped on 8th Feb 2013 from company XYZ and it is expiring on 20th December 2013. I have never used this VISA so far and also due to personal reasons I am not planning to go to US this year. Therefore, my H1B visa will expire this year end. However, I am planning to visit next year so I planned reapply my H1B next year again. In this case, I am eligible for Cap Exempt or not?
Yes, another employer can file cap-exempt petition for you.