H1B approved in October 2008: CAP exemption eligibility ?

USA H1B Visa
1

My H1B was approved , and I got I-797B Notice of Action, with dates : Valid from 10/01/2008 to 09/25/2011.

I was not able to go due to some reasons.
Can someone please tell me if I am eligible for CAP exemption for H1B Visa now ?

I don’t know if that makes a difference, but I have travelled to US on B1 visa two times (Dec’2007, and Dec’12). B1 is valid till 2017.

Thanks in advance !!

2

Yes, you are cap exempt as you have been approved a H1b visa before (does not matter whether you used it or not).

3

Thanks for answering raman. I have one doubt : isn’t there some time limit of 6 years regarding this . I mean, you can use cap exempt within 6 years of date of approval ?