H1B transfer from india after expiry

Hi,

My visa is expiring on may 2018 and I entered USA on may 2017. I have 5 more years in my h1.

I am planning to travel back to india after may 2018 ,Since my current employer not ready to apply extension . In India if I change the employer , can my new employer file an out of cap petition? Or only my present employer can do?

Thanks.