H1b extension

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I was in the US on H1b from Oct 2009 to June 2017 with an approved I140 petition and 2nd 3 yr H1b extn approved petition (valid till 2019). I was laid off in Apr 2017 and had to return to India in June 2017 ( within the 60 day grace period). An employer is willing to apply for H1b now. I wanted to know if I would be eligible for a cap exempt H1b visa or would I need to through the lottery.Appreciate the help!

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