Can I file for H1B under Cap Exemption?

USA H1B Visa
1

I had got my I797 petition approved in 2008 and it was valid till 2011. I had got the visa stamping done too and was valid till Sep 2009. But I did not travel to US then.

Now, will I be able to file for H1B under cap exemption since the petition expiry date(2011) is within the 6 year limit? Or should I get H1B filed under this year’s quota? Please provide your inputs. Thanks.

2

IMO, you are cap-exempted till 2014 (6 years from original approval date) as you have never traveled to US. Had you traveled to US, it would have been 6 years from the day you departed US.

You should go through the cap again.