H1B approved in October 2008: CAP exemption eligibility ?

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 !!

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

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 ?