H1-B Cap Exempt

I have 2009 H1-B approval letter but it was never stamped. From 2009 till now, i have just travelled once using B1 Visa. So, H1-B is unused form.

My Questions:

  1. Can i still apply under cap-exempt using 2009 approval ?
  2. If yes, Can i go through any other consultant/recruiter and leave the one who filed it initially ?
  3. If yes, Any recommendations for good consultant ?

Thanks