H1 cap exempt with expired I797


I applied for H1 in 2008, got I797 from the consultant who filed H1. Since market was not good didn’t go for visa stamping and consultant closed down his operation. Now I797 is no more valid. Will I come under cap or under cap exempt . Please clarify



You can still be counted as cap exempt because your petition was approved in 2008. It does not matter if you never went for stamping or never worked for that company.

can I apply for H1 throughout the year under cap exempt category. Please clarify