Am i eligible for H1B cap Exempt

My H1B got approved in 10th Jan 2009 from company XYZ and it got expired on 23 september 2012. I have never used this H1b visa and not even got stamped.but I am staying in U.S on H4 visa from May 2012.So is there any way that i can use that H1b visa or am i eligible for h1b cap exempt?

you are eligible for cap exempt.