6 years Not over in H1B, but expired. Is Cap exempt applicable?

[gkmgopal]

Hi experts,

I was in USA from May 2006 to May 2009 and came to India after that for personal reason. My H1B expired on Nov 2011 and Now interested to go back to USA. I have one doubt

Since I have not completed 6 years in my expired H1B, Do I need to wait for April 2013 for CAP opening for applying H1B ?. or do not I come under H1B CAP Exempt?..

If I come under cap exempt, is there any time period from expiry date, with in that I need to apply for new H1b?.

Please provide me some clarification on above doubt.

Thanks a lot

Gopal

[krialta]

You could file cap-exempt for your existing H1.