can i get cap exampt for 10 years old H1B Stamped UnUsed VISA

I had a H1B VISA from Nov 2002 and got stamped later expired in Nov 2005, but not used or travelled in that H1B VISA. Later I travelled to USA in L1 VISA twice in the year of 2006-07.
Now can i apply for H1B VISA using the OLD H1B paper and will i get H1B CAP Exampt? or go for fresh new VISA and wait until October 2014?

-Ananth

No… U are not Cap-Exempt Now… Cap-Exemption is only for 6 years from Approval and in ur case it’s expired in 2008…

U must go thru Cap-Subjected petition