Moving from H1B cap exempt to cap subject

[qwerty100]

I am employed with a cap exempt employer and my H1B is valid until Jan 2014. I got an offer from a cap subjected employer in May last year (2012) and fortunately there was H1B cap left that that time.

I informed the company HR to have their attorneys informed that my current employer is Cap Exempt and in order to get the transfer, they must get the application sent asap. All relevant documents were submitted to the attorney and they managed to file the petition when the cap was open.

It took 5 months TO BE APPROVED. The attorney did not recommend premium processing in my case. I got the approval late october without any RFE with a startdate after oct 1. Also new I-94 with extended date.

Now, how can I make sure that I was counted against the cap?

The reason why ask this question is the lawyer mentioned "cap exempt" in Numerical cap determination section in form I-129. When asked why is this petition cap exempt - the lawyer chose that "the petitioner is choosing extension of stay within current H1 classification". This may or may not be correct. But if that was a wrong selection, the petition should have been outright denied by USCIS because they know my prior employer is cap exempt (attorney submitted an approval copy) and this petition needs to be counted against the cap. Note that the cap numbers were available at the time when this petition was filed is another story.

With the approval coming in what shall I assume? Is everything ok or does something look unresolved? What is the proof that I was counted in the cap this time? Is the new approval notice enough to prove it?

The lawyer told the HR that they will check this else they can do amendment when the cap opens again.

Would I ever require to submit a proof that I was counted in cap any future petitions?