Unused approved petition from last year but don’t have (receipt no,EAC no,I797 approval copy etc.) So, this year new H1 is applied by new employer would that be cap exempted or part of lottery ???
The new employer would have already mentioned in the I-129 application whether it is cap-exempt or not. If they mentioned old receipt number, then it will be cap-exempt. Else it will be subject to cap and random selection.