Unused and getting expired petition 30 sep 2013

Unused and getting expired petition on 30 sep 2013, please let me know is it valid for H1b cap-exempt. i have never travelled US and can a employer B can transfer the H1.

How long does it take to file a new petition ?

Yes, it is possible to file only if your initial petition filing date is less than 6 years by the time new petition is filed.