Am I eligible for CAP Exempt, VISA expired and stamped as "Cancelled Without Prejudice"

USA H1B Visa
1

I need your confirmation on whether I am eligible for CAP Exempt Petition file or not. Please find the details below:

My petition was filed in April 2009 by my former employer, it got approved in October 2009. Then I was granted Visa from “2 Nov 2009” through “30th Sept 2010”. Due to personal reasons I did not travel to USA on that VISA(so in a way it was never utilized). But, since the date my petition was approved it as not completed 6 years.

In March 2010 when I left that organization they cancelled my VISA with stamp “Cancelled without Prejudice”.

Currently I do not have copy of I-797 and my former employer is not providing copy too.

I just have receipt number and VISA details in my Passport.

My current employer wants to file petition for me, can they file it with CAP Exempt, just with receipt number I have?

Please provide you valuable input as early as possible?

2

You are cap-exempt. You can go ahead

You can file FOIA requesting the copy of i797 if needed, but case number would do. Moreover you will have the case number on visa stamp, so you are good