Can old petition of year 2005 be a cap-exempt?

USA H1B Visa
1

My husband had H1 B approved petition in the year 2005 and had attended H1B Visa interview in 2005 and it got refused due to employer dosen’t have enough documentation support. Then he left off from re apply.

Now can my husband capture his old petition and eligible for Cap-Exempt to file new petition with new employer. So far I could not receive proper response from other sources… Please help me with with your inputs. Thank you!

– Sireesha

2

Since a H1 is Employer owned and its stamping was rejected due to the same employer issue, I doubt that you can use the same petition to get over the cap. But a smart lawyer can work it out by trying a new petition with the old approval(to get over the quota), but not guaranteed