H1B extension expired, can the new petition be cap exempted

USA H1B Visa
1

My H1B extension has expired in May’13. At the time of interview in April’11, I was give form 221g for officer’s verification but haven’t got any response. Please let me know if the new application will be considered cap exempted? I returned back from US in Aug’10.

Thanks in advance for the response.

2

Yes, the new petition will be exempted from the cap as you already have an approved petition.