H1B approved, never used, expired

[jmichael.shop]

Hi,
I got H1B petition approved on May 2014. I was on H4 in USA at that time. I went to India before Oct 2014 (H1 never active) and returned to US on Dec 2014 in H4. Did not change my H4 status until now. Now i am planning to work again. Can I use my old H1B visa if the company is willing to sponsor as CAP EXEMPT? I was never on H1B for a single day for the past 7 years and i do not have H1B stamping either.

Please suggest if can apply for CAP exempt.

Thanks,
Mercy

[Kalpesh_Dalwadi]

@jmichael.shop

Can I use my old H1B visa if the company is willing to sponsor as CAP EXEMPT? I was never on H1B for a single day for the past 7 years and i do not have H1B stamping either.

USCIS have approved such cases where H1B was never activated and allowed cap-exempt filing. It just depends on the adjudicating officer.

[surya_m]

It is possible if you are still with in the 6 year duration from your petition approved date. I have know similar cases got approved for my friends. Again it depends on the adjudicating officer.