H1B expired in Oct 2008 ,Unused Can be eligible for H1B NEW:NOT SUBJECT TO CAP still?

[SHOMG4567]

My case background:

I had Previosu Employer X - H1B visa & stamped valid from Nov 2005 till 1 Oct 2008. But NEVER travelled to US using it.
I changed my Employer in May2006, In 2007, when my new emplyer Y initiated L1B ,so my H1B got stamped as 'Cancelled without Prejudice'.
But in 2008 , L1B petition was withdrawn by new employer Y.
Can my New Employer now in 2014 apply for H1B New: Subject to NO CAP ' ?
Pl.advise.

[srajesh]

try for cap exempt..

I am not sure if you are eligible for h1b exempt. For filing in h1b exempt, you may have to do it in less than 6 years of your H1expiry. Check for tgis alternative at your company visa desk.
All the best!
Raj