Am I eligible to work under cap-exempt H1B quota?

[Shanky123]

My current visa status is H4.
But I have an approved H1B petition which was approved in India and it had dates from 2008 to 2011. I never traveled to US on that petition and I am not aware whether the employer who had filed it has revoked it or not. I am currently unemployed and on H4 status.
Can any employer use that previous H1B's cap and file a new petition under the cap-exempt quota/ Or do a COS from H4 to cap-exempt H1b?

P.S. Some immigration people in other forums are saying that since my H1B was never activated, it can't be used but some are saying it can be used.

Please confirm.
I am really confused.

[kabkaba]

Cap-exempt petition with change of status can be filed. But you cannot begin working until it gets approved. After it gets approved you must begin working from the effective date.

[Shanky123]

Cap-exempt petition with change of status can be filed. But you cannot begin working until it gets approved. After it gets approved you must begin working from the effective date.

Thanks Kabkaba ! I am a bit relaxed now.
Also do you see any other risk involved in getting the case approved by the USCIS? Can they consider the non usage/ non activation of petition from 2008 to 2011 as a reason for denial?

[kabkaba]

There is no such thing.