I have unused, unstamped & expired H1B petition for the year 2006-2009. Checked petition status in USCIS website site, It shows the status as "Case Was Received At My Local Office" on June 2009. In this scenario can we assume that my H1B petition expired in 2012(i.e., 2009-2012). Can I have apply for H1B now under CAPEXEMPT category. Requesting your valuable opinion.