Cap exempt for expired untraveled petition

Hi,

My H1B petition was approved in May 2006 and stamped in Oct 2006 but never travelled to US. My current employer is willing to file a new petition this year. Am I cap exempted?

You are not cap exempted. Check with your Immigration team.

Most likely He/She could be CAP exempted. The approval can be used to cap exempt petition till 6 years of its expiration date. 2006 approval may have 2009 as the validity date. So, it could be valid to refile under no cap till 2015 May.