H1B Cap Exempt - Clarification

[usaspirant2014]

Please advise if I am eligible for cap-exempt filing now - 2 of my friends whose visa expired in Sep-2009 got their H1B on cap-exempt quota hence I am pretty sure it is just not on petition approval date.

1. H1B

09-Nov-2004 to 30-Sep-2007

Requested for “Cancelled without Prejudice” to smoothly process B1.
Left the organization in India early 2005 - NEVER TRAVELLED FOR WORK TO USA

2. H1B (did not file for cap-exempt)

02-Feb-2007 to 30-Sep-2009
Visa expired.

Didn't use H1B due to 2008 global recession
NEVER TRAVELLED FOR WORK TO USA

[raghvi]

Please advise if I am eligible for cap-exempt filing now - 2 of my friends whose visa expired in Sep-2009 got their H1B on cap-exempt quota hence I am pretty sure it is just not on petition approval date.

1. H1B

09-Nov-2004 to 30-Sep-2007

Requested for “Cancelled without Prejudice” to smoothly process B1.
Left the organization in India early 2005 - NEVER TRAVELLED FOR WORK TO USA

2. H1B (did not file for cap-exempt)

02-Feb-2007 to 30-Sep-2009
Visa expired.

Didn't use H1B due to 2008 global recession
NEVER TRAVELLED FOR WORK TO USA

No two cases are same. Did your friends use their H1, when were they in US on H1? In my opinion one is cap exempt for 6 Years from initial petition approval or within 6 Years of last held H1 status. Advisable to take the petition details to employer's attorney to determine if they can file a cap exempt petition for you.

This is my opinion not legal advice.