H1B expired, never travelled to US on H1b - Can I still work on H1b?

I have a question regarding my H1B; I would appreciate if you can provide your valuable inputs at the earliest. My H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 and visited US in 2012 on business visa. Please suggest: 1. Can I utilize my previously approved H1B petition now in 2016? 2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR It cannot be used at all?Please give your advice/suggests to me on this.

  1. May not be possible as 6 year limit expired in 2014

  2. It cannot be used for cap-exempt purpose. Still you can inform your employer about this petition, and if there attorney wants to take a chance, then good for you.

thanks for taking out time and responding. I have been told by another thread that “As you have not travelled within these 3 years, you can ask your attorney or employer to reset the validity to next 6 years.”

Please share your views.

Saurabh, please take out time and confirm.

I don’t know who wrote that and what they had in mind. I think the person may be referring to going through the cap again, which would reset your 6 year clock.