H-1B CAP EXEMPT EMPLOYEE

[Tiburona]

In 2011 my potential employer has filed H-1B on my behalf. It was approved with the validity start date of October 1, 2011 (I was in the U.S. on F-1 student visa). However, before I could begin my employment for them, the petitioner got dissolved. I was counted towards CAP and have an approval notice for that H-1B. Now I am still in F-1 student statis (never began being actually in H-1B), and my new employer wants to file for H-1B on my behalf - am I subject to CAP or am I cap exempt, since I was already counted towards CAP once?

[JoeF]

Are you sure that wasn't a COS to H1? Does the H1 approval notice have an I-94 at the bottom?