Cap Exemp for H1b expired Visa

I had a H1B Visa in past which was filed by my previous employer X in 2008 and I got my visa stamped and Valid From: 20-NOV-2008. My H1B got expired on 15-SEP-2011 and I didn’t travel to USA on H1B anytime. I never used H1B.
Can I apply a new H1B with reference to my old petition and can it be exempted from Cap now?