H1B stamping unused - eligibility for cap-exempt

Experts - Please advise if I am eligible for cap-exempt filing - 2 of my friends whose visa expired in Sep-2009 got their H1B on cap-exempt quota hence I am pretty sure it is just not on petition approval date.

Will my 1st H1B counted for 6 yrs validity is my question.

#

Visa Type

Date of Issue

Date of Expiration

Status

1

H1B

09-Nov-2004

30-Sep-2007

Requested for “Cancelled without Prejudice” to smoothly process B1.

Left the organization in India early 2005 - NEVER TRAVELLED FOR WORK TO USA

2

H1B

02-Feb-2007

30-Sep-2009

Visa expired.

Didn’t use H1B due to 2008 global recession

NEVER TRAVELLED FOR WORK TO USA

yes u are eligible for cap exempt…it is upto employer to go for it.usually people haave a wrong notion about such cases in Indian companies.Most of the companies visa shell is unawre of this fact…But it is 200 percent cap exempy for next 6 yrs from your date of issue.eg if ur visa is issued on 2007 then cap exempt till 2013…sono need to file new visa…even us employer can file for you.Only thing to be required with u is i797b form

it will be on the basis of your second visa date