H1B Cap Exempt for never used VISA

[bhasehag]

My H1B is stamped on 8th Feb 2013 from xyz company and it is expiring on 20th December 2013. I have never used this VISA so far and also due to personal reasons I am not planning to go to US this year. Therefore, my H1B visa will expire this year end. However, I am ready to visit next year so I planned to reapply my H1B next year again with current xyz company. In this case, I am eligible for Cap Exempt or not? Kindly let me know.

 

Thanks in advance

[jairichi]

First check your approved I797 document that mentions the duration of H1B petition approval. If the validity is more than your stamped H1B visa you just have to go for stamping for a new H1B visa at US consulate. If your employer has a project for you in US then you could travel. And, of course you are cap exempt.