I had an unused H1B stamped(Oct/1/2007 through Sep/14/2010) & filed by my previous employer but expired in the year 2010. I never traveled on it. Currently I moved to another employer in offshore, and I would like to know, weather I am cap exempt or not;
My current employer said, my new case will be considered under Cap & not capExempt category, but I am not sure and think this should come under cap exemption if we take last valid date.

Your opinions and suggestions are extremely valuable to me. Thank you very much in advance! I look forward to your comments.

1. H1B filed by my previous employer in 2007,
2. Stamped and valid from Oct/1/2007
3. Expired & valid through Sep/14/2010
4. Question: Will the new H1B to be filed this year (2016) be Cap-Exempt? & if its cap-exempt upto which year it was/is?