H-1B visa cap exempt

[supriya.babar]

I had H-1B approved petition in the year 2006.

However I never stamped it neither entered in US on H-1B.

I worked in US o L-1Bn 2009-2010. After that I've been staying in US on H4.

My question is that can any employer file a new H-1B petition for me using my approved h1b petition. Am I cap exempt ?

[omshiv]

this is debatable as you will find in many other topics...best thing is to ask an Attorney.