H1B expired, did not use it at all, will I fall under normal H1 quota ,for fresh H1?

[satbb]

Hi all,

I have applied for H1B with a company in 2008 and got approved and stamped. I never entered US using my H1 and it got expired in 2010.
So, if my new employer is filing for a fresh H1 for me, then will they have to file under the 2013 normal H1 quota?
or my file is exempted from the quota?
If exempted, then can I apply for H1 anytime during 2013?

Please let me know.

THanks
SATBB