I got my H1B visa stamped at Chennai during Aug 2007 with my previous employer.

I never used that visa to travel to USA and the visa expired on Oct 2010.

Now I found a employer in US to sponsor for my visa.

My query is whether I will come under cap exemption program to H1b or not since my visa was not at all used.

Or I should go for lottery to get my new visa.

Please clarify.

Your new employer can file your h1 under non-cap