Cap exempted or not?

[rpa123]

Here is the scenario:

I had a H1-B petition and Visa valid from Oct 2005 to July 2008. I traveled during this time frame and stayed in US for 11 months only. I left to India for good in July 2007. I stayed exactly more than a year in India and I travelled back to the US on Aug 2008 through a L1-B petition/visa. My earlier H1 petition/Visa was never renewed. I now have my L1-B petition/visa and I-94 valid till Aug 2013 (exact 5 years)

I want to switch company in the US now. My question is if i apply for a fresh H1-B, will I be cap exempted?

Please let me know as the cap is filling up fast.

[shervin143]

You will need to apply through a new CAP. One H1B CAP is valid only for 6 years and if the last H1B petition was filed 6 years before, then the CAP from that petition cannot be used to file a new CAP exempt petition.

[rpa123]

Thanks Shervin143