My H1B visa got expired last year according to i797. Also Visa has been stamped on my passport. But i have not worked for the sponsor and also didn't enter to US using that H1B visa. Can my new sponsor use this to file petition and is new petition eligible for cap-exempt? Since i haven't used 6 years will new petition be for 6 years? note that my h1b approved on 2017 Jan.
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