Cap exempt status for H1 petition

[varkashy]

Hi

My petition for H1 was picked up in 2017 , However, I had decided not to join the firm . They didnt share the petition number with me nor i got copy of i-797. 

I travelled to US earlier this year on H4 and have been working on EAD. My current employer wants to do H1 for me , however , i wanted to know if i will be cap-exempt for this petition? If so, what documents i would need to show my exemption? As i dont have i797 or petition number. 

[JoeF]

If the H1 wasn't approved you are not counted in the quota.

Even if the H1 was approved, you are not counted because you didn't start working there.

So, bottom line, you are not cap-exempt