H1 Visa expired with out using it


Registered Users (C)
Hello extended family - you guys have always been around to help everyone - Have a query that needs your advise.

1. Applied H1B visa in APR 2007 and got approved.

2. I did stamping approved in APR -2008 and visa valid only till SEP-2010 but never traveled to US and visa got expired.

3.Additional Info - The passport which had the visa stamping has also expired.I have got a new passport now with few corrections like marital status details etc etc

Please advise - If i want to go for H1B Now - am I CAP Exempted ?
IF NOT exempted Is it that i have to apply for H1B as a fresh candidate in 2014

Many Thanks


Registered Users (C)
Since you never held H1 status (by getting admitted into US under H1) you are not exempt form the H1 quota. Just having a H1 visa in your passport does not give you H1 status.