Need Advice Regarding H1B cap exempt cases

USA H1B Visa
1

I had H1B stampped from employer A in year 2008, after stamping the validity of Visa was till July 2011. I never travelled using the visa and it expired

Now employer B has filed H1B for me this year , and with all the set of documents I have submitted previous I-797 also, my employer asked me to submit it.

My Question: Will I be eligible for Lottery or my case will be cap expemt , as I already have approved copy of I-797 ?

Thanks

Mahesh

2

If they asked for old petition and did use it then most likely it is cap-exempt. Your employer/attorney can confirm what they enetred in the filed I-129.