h1b will i come in cap of 65 K

[userdhiru]

hi ,

I have got my h1b stamped in feb 2008 and it was valid till sep 2010 . but I never use that .Again I am planning to come to US but heard that this yr cap is full .

A consultant called me and told me that I will not come under this 65k cap as I allready have h1 b stamed . I wanted to know is hee telling right or simply bluffing me .

[kalyan_ac]

You are cap-exempt, you can use the h1 to file for a new one.