H1B cap exempt or not ?

[explorer12345]

please let me know if i fall under cap exempt category for the following situation:

1. Had first h1b from 2006 till 2008 - NEVER TRAVELLED TO US on this

2. Got my second H1B stamped from 2009 till 2011(This was processes CAP EXEMPT as I had the above H1 earlier) - Travelled ONLY for 3 MONTHS in 2011 and went back to India.

3. I am now back in US on L1 for the last 2 months, but another employer might be offering me a job.

Would I be considered Cap EXEMPT if i file a change of status from from L1 to H1 ? (The point is i have only used 5 months of my 6 year quota, but my first H1 was stamped 7 years ago)

[jairichi]

Yes, you are cap exempt

[0407]

you are cap exempt. You will get (6 years - time spent of H1B )in total. But no more than 3 years at a time