If you've never had an H-1B petition approved upon your behalf, then you do not fall into the cap exemption for people for whom H-1B petitions have been approved. Nor is any other basis for an exemption suggested by your message.
You can never file ... only employers are allowed to file.
Talk to the company's immigration lawyer to discuss the cap.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If you have ever been counted against the cap previously, then you don't need need to be counted again. It's not clear whether you have ever held H-1B status before. If the employer failed to answer the RFE, the case will be denied if it hasn't been already. If you have never been counted against the cap, the only way to get an h-1 sponsor to file on your behalf at this time (since all of the H-1Bs are used up) is to get a job with a cap exempt institution who will file on your behalf such as a non-profit.
This response is provided for informational purposes. No attorney-client relationship exists unless we have a signed agreement. For more information, please click on my profile to find my phone number and email address.