H1B Cap Exemption eligibility if H1B status held from Oct 2005 to Oct 2008

[arvindinlondon]

I held H1B status from October 2005 to October 2008. My extension was denied due to inadequate employer documentation. I moved on and I'm now working full time in the United Kingdom. I intend to re apply for jobs in the US and was wondering if cap exempt status will apply.

According to some websites,

"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."

My question is:

Am I eligible for cap exempt considering I have held H1B status in the past i.e. within 6 years ?

[Attorney_11]

Generally, an individual who was counted against the H1B cap and is eligible for remainder time out of the six year maximum may be able to be eligible for a H1B with an employer with an immediate start date (i.e. no cap consideration, outside of the quota) as they have already been counted against the H1B cap.