Is H1b cap exempt, if i have i140 approved??? Pls help

[Thiyagas]

Hi, i stayed in usa from 2004 to 2012 in h1b, moved to india on june 2012 due to personal reasons.

My i797 and i94 expired on aug 2013. My i140 is approved and active. 

1. Is my case will be cap exempt if i apply h1 now??

2. In last six years i had h1 status with remaining 1 year left. So the six year rule is calculated from the day i left usa or from the day h1 expired?

Pls help.

 

 

[pontevecchio]

1. Yes.

2. Your understanding of the 6 years is wrong. In general you have a total of 6 years in H1 status once cap counted and these 6 years can be spread out over a decade if necessary assuming an employer files for you. 

Why are you not trying to rejoin your I-140 sponsor.? on H1