New H1B filing after not utilizing 3 years of H1B

I have H1B stamped but will expire in another 20 days with my current employer A.I did not able to utilize this 3 years due to some personal reasons. Now I am ready to travel to US.For this I need to apply for new H1B.In this scenarioQ1- Does this new H1B petition come under Cap Exempt if I apply from same company A ? In this case can I apply after visa expired ?Q2- Does this new H1B petition come under Cap Exempt if I apply from switch company to B ? In this case can I apply after visa expired ?Need help. Thanks in advance.

Yes Cap Exempt no matter what.