H1 Reopen query


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I got to know this forum through my friend thought you could clear my question.

In 2007: I got my first H1B stamped but didn't use it. In 2008 had been to US for 3 months project and returned to India. I was in US from Sep to Dec, 2008.

My Visa got expired in 2010.  

Question is that: Can it be reopen and come under the H1B cap exempt or do I have to go fresh H1.

Please help to provide the response.

Thanks for your support.

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