Unused ,expired H1B- filed in 2008

[AnuToUS]

My Employer A filed a H1Bpetition that was approved in 2008. Valid from 2008-2011. Was never stamped.
In 2015 employer B filed a fresh H1B petition that was rejected in lottery.
Now can I use my expired H1B filed by employer A as a CAP exempt? Is it legal and valid as its more than 6yrs ago that emp A filed it.
To qualify for CAP exempt , is the approval date or the expiry date on the petition considered ?

Pls provide you insights/experiences if any of you were in similar condition.
I am currently in US on H4.

thanks

[shervin143]

One H1B CAP is valid for 6 year (Oct 1st 2008 + 6 years). So you do not qualify for CAP exempt anymore. You will need to wait until next year to file the H1B under a brand new CAP.