H1B Expired but unused - Cap Exempt?

USA H1B Visa
1

Hi,
My H1B was approved in October 2013 and stamped in December 2013 but I didn’t traveled on that Petition.

Can I transfer this petition to new company now under cap exempt?

Please suggest on this.

Thanks,
Lokesh

2

It is slightly a grey area. As you had H1B stamping done, you would be able to do transfer as cap exempt. There was a 6 year rule before, but that got changed. Read H1B recapture Rule