Unused h1b eligible for cap exempt?

Question

I have un-used h1b petition from my ex company which I got in 2008. I have never gone for visa stamping. The visa was already expired in Oct 2011. I am trying to apply for cap-exempt from another company now.
Will my old petition be useful to get me a cap exempt now?

Answer 1

That is not a general rule. If you remained outside of US for more than a year, then in your case you never validated your h1b. Its as if you never had it before. Any new h1b filed will be subject to numerical cap.