Cap exempt or not?

[hari14]

I was in India when we applied for H1B in April 2009 and then came to US in May 2009 on H4. Later we had an RFE on my petition and after answering it I got my H1B approved till september 2012.( I didnot send my I-94 details to the USCIS while answering the RFE). So though I got my H1B approved I was never on H1B status here in US.

I am now planning to apply for H1B again through a consultancy. My question is will I be considered as cap exempt now since the H1B quota for 2012 is over or should I have to wait till April 2013 to apply for H1B?

Thanks in advance!!