Am I eligible for H1B CAP Exempt, please clarify.

[vrajgopal]

Hi,

I worked in US on H1B from15-NOV-2005 [initial entry date], I resigned my job in US and switched to a different employer in JUL-2007 on new H1B petition as my Visa stamped was still valid continued working in US for second employer.

Due to some family emergency, I had to leave US on 24-SEP-2008 [Last Exit Date] and also got my visa re-stamped in India based on second H1B petition as my initial visa is not valid any more. However I could not return back to US as my assignment got over during my stay in India and my second employer did not provide any new assignment to return back to US and I remained in India.

I would like to know If I can apply for new H1B from different sponsor before 01-APR-13 under CAP EXEMPT for immediate travel or do I need to file under 2014 CAP, which will be available only after 01-APR-13, please suggest ?

Regards,

Rajgopal