H1B Approved for one month. Not stamped. Expired.

[theodore166]

I got my H1B approved in 2019 november. This was the first time H1B. I haven't hold any US visa previously. Petition was only approved for period of 11/18/2019 to 12/31/2019. At the visa interview I was issued a 221g asking to submit my diplomas and transcripts which I have submitted on 3rd of December 2019. Case status is administrative processing. And the validity period is over after 12/31/2019

On 12th of February 2020 embassy informed me to submit a new I-797 since the old one expired on 12/31/2019.

1.Is my case considered as cap counted in this state?
2.Can I file an extension as a cap exempt?