H1 move cap applicability

[bmithun]

Hi,

I was on H1 from 2001-2006 and had around 9 months of H1 left to complete 6 years. Also, my I-140 was approved. I moved back to India, lived there for 5 years and returned to US last year (2012) on L1 (different employer).

Question: Would I be subject to H1 cap if I wish to apply for an H1 visa thru a different or same employer now?

Thanks for the help in advance.

Thanks.