H1B Cap Exempt or not - Stamping done 12 years ago

USA H1B Visa
1

Hello,

I got my H1B visa stamping in the year 2007. The visa validity was from 2007 to 2010. However, I never got the opportunity to Travel to the USA on H1B.
I happen to relocate to the USA from India in the month of July 2018 on a dependent visa. Is it possible to claim unused past H1B? Does my case fall under Cap exempt or do I need to file a new H1B petition and depend upon lottery selection?

2

This is slightly grey area. If you have got stamping done, then you are very likely eligible for cap exempt H1B transfer. If you have an employer, you should definitely pursue the cap exempt H1B transfer.