Am I cap-exempt ? Combo (L1B+H1B) stay

[dhanapaal]

Background

I have spent 5 Years in US on L1-B ( Since 2005)

Then 1 Year in US on H1B ( In 2011 Quota, applied, and got new I-94  , while in US on L1B)

 

After H1 (Conversion/Transfer ) status, I have stayed only 14 months in US. 

H1 Pettition was also approved for 14 months (6 years - years stated in US).

 

 

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/recaptureh1bl1102105.pdf

 

  Above link says that,  If a person stayed for 6 years in US, he cannot request for extension of H1, unless he stayed 365 days outside. 

 

Now , I have completed 365 days.

 

Can I file a Cap-Exempt H1 ?