Am I H1 B Cap exempt?

[Nithiya]

Hi,

I had my H1 visa before for an employer and it was used only for 8 months from July 2007 to feb 2008.

After applying for extension I went back to India. My petition got expired when I was in India.

Now am currently in US on H4 visa and I would like to know if I would be eligible to apply for a fresh H1B under cap exempt category as I had an H1 previously within last 6 years and also not used it for 6 years completely?

Please let me know.

Thanks.

[h12345]

think you should be able to apply h1b for remainder period, please confirm with an attorney to be sure