Can another employer apply Out of Cap for my H1B when i dont have valid H1B?

My Original Petition (I-129) was expired on 31-Jul-2018, My extension was filed when i was in US and i got RFE and got denial at end of Aug-2018 and i traveled back to India on 12-Sep-18 (Notice received on 7-Sep-18),

Can now another employer apply out of cap as i have not completed 6 years of H1B?

Can now another employer apply out of cap as i have not completed 6 years of H1B?

Yes