Unused H1 viza but never stamped,

[Akkibhai]

Hi All,
I have a question rgarding unused/never stamped H1 petition approved in 2006, Can i use it for cap excemption now?Scenario is as below

Petition Approved - 2005-2008 , INterview completed and got approved but never sent passport for syampting due to some personal issues.
New Viza applied form a different company in 2011 and stayed in US from 2012 to 2018(almost complete 6 years except 3 weeks of recapture time left)

My question is , in this scenario old 2006 approved petition can be used for H1 CAP excepmt application?Please advise.

Thanks
Akki

[rkk09]

Hi,
2006 H1B can not be considered now for applying another H1B petition under CAP exempt. You will need to file fresh H1B under CAP.
Thanks