H1B Expired - stayed in India for more than an year - came back on H4

[janaki0902]

Hi There,

My H1B visa got expired on 22-09-2010 and I continued working in India. As I have no plans to come back to USA, I did not apply for extension. Recently I got married and came back to USA on H4. Am I eligible to apply H1B visa in cap- exmpt? or Do I need to apply CAP?

Thanks in Advance