Multiple H1B approvals and Cap Exempt question

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Hi, My 1st H1B petition was filed and approved in year 2008. I travelled to US on this petition and stayed there for 1 year and returned back to India. After couple of years, my company filed a new second H1B petition and I stayed more than 5 years in US on 2nd H1B petition.

Now, Can I use my first H1B petition to try for job under cap exempt category.? It is filed and approved in 2008 and still has 5 years of period left to exhaust the limit. Can we do that.?

Edited by RakeshRakhi
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