H1B processing using old I797- questions - could you please clarify

USA H1B Visa
1

I have H1B in 2006. Now I want to file H1B with cap exempt. Am I eligible for cap exempt for new H1B filing? Could you please clarify?

I had H1B from 10/01/2006 to 09/30/2009. But I did not travel to USA with that H1B at that time. Now, I am planning to apply for H1B using old I797 in cap exempt.
2

It is cap-exempt for 6 years from start date i.e. until 2012 in your case. An employer willing to hire you, can still try if they want and their attorney agrees.