Confused!!! Am I Cap Counted?

[iaf1917]

I am currently outside the U.S. I already possess an H1B approval which expires next year, however my visa has expired. If I apply for a new H1B will I be counted against the cap? As per my understanding since I have already been cap-counted previously, I should be exempt.Am I correct?

Thanks.

[immigrant_rookie]

You are correct. You will not be counted against the cap.

[Avinash77]

I posted this on another thread but no one answered, hoping someone will answer here.

JoeF said: "A person who has an H1 approval under the cap in the last 6 years is not counted again."

I filed my H1B in April 2006, approved in July 2006 got stamped in October 2006 and was in USA from Nov 2006 to Aug 2009(did not apply for extension), then came back to my home country(India) and have been here ever since.

If I apply for H1B this year(2012) would I be exempt from the cap and can apply anytime I want before April 2013 irrespective of the cap?? but if I were to apply after April 2013 the cap limit applies to me?

Would appreciate if anyone could explain, thank you.