H1B Cap Exempt Question


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I am currently working in US with L1B Visa and am going to apply for H1B this year.

When I was working with my previous employer, I had attended the H1B Visa Interview in November 2009. I was told by the interviewer that my passport will be delivered in a week. But I got my passport and also a 221g green form asking for additional documents after 4 days. They are asking for a copy of the petition with all supporting documents as filed to USCIS. Also the forms I-797,I-129 and LCA Form. But I had given all these documents to the interviewer in US Consulate during my interview on 6th November 2009 and they had not returned these documents.

But I resigned from the company in March 2010 and I never submitted those documents to the Consulate.


I then joined another IT Company in May 2010. I then got L1B Visa from the other company and came to the US in March 2012.

So if I am now applying currently for H1B, will be cap-exempt or not? Also I do not have copies of any approved H1B Documents from my previous employer.


Please advise.

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