Revoked H1b Visa - Can new employer apply for Cap exempt H1B?

[gv1982]

I have a H1B visa valid until June 2019 and also have an approved I-140.

recently I lost my job and my employer has revoked my visa. So I had to go back to India.

Now a new employer wants to hire me. Can the new employer apply for cap exempt H1B visa (or) does it have to go through the cap next year?

[inadmissible]

When was your H petition approved, and how long did you work in the United States?

[gv1982]

Re:

When was your H petition approved, and how long did you work in the United States?

The I-797 (extension using I-140) was approved on June 2016 and I have been working from the start date, my job ended in April 2017. Overall I have worked in the US for over 10 years with a H1B and I140.

[scientist2016]

Yes, you would be eligible for a cap exempt H1 based on your approved I140.