Converting H4 to H1 on H1-Approved expired petition

I hope everything going great at your end. I am reaching out to check on Validity my H1 –approval petition which was Approved in the year of September-2012 and expired on September-2015. I have never utilized this petition (As I have never been stamped with Visa nor travelled over on a Job) . As of now, Petition shows approved in uscis website-case status.

Need your assistance in guiding me in right direction on below queries.

I would like your help to check whether my H1 petition comes under Cap exempt, as I have never traveled nor stamped with this petition. I currently hold H4 visa stamped (as my spouse works on H1)and would like to check chances of converting over to H1 after getting a job with this petition if my case is eligible under cap-exempt.Appreciate your help in this regard.

  1. Yes, you are still cap-exempt

  2. You can enter US on H-4 visa and when an employer is willing to hire you, they can file cap-exempt H-1 petition + COS. Once approved, you can start working on H-1.