Can I apply H1B visa in cap exempt if I have expired/ unused H1B petition?

I have one H1B petition from Employer A which got expired in mid of 2007. I have never traveled to USA. Can Employer B file my new H1B petition in cap exempt category as I have not used my H1B petition(expired) from Employer A?

Will i come under regular quota or is there any time limit to apply for same(cap exempt)?

How long will it take to get approved?



Nope . If your h1 expired in 2007 , I guess the approval date is sometime in 2005-2006 which is more than 6 yrs now. It cannot be used any more to file a cap exempt petition.

Your H1B status never activated. So you are not eligible for cap exempt.

IMO, you are eligible for cap-exempt petition. The requirement for cap-exempt petition is that you should have been counted against the cap in the previous 6 years, which you are. However, once that 6 year time elapses, you may not be eligible for cap-gap (and you are already cutting close to it).