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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 scenario
Q1- 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.

in H1B Visa by (220 points)

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Yes Cap Exempt no matter what.
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