H1b eligibility plz help


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I had a valid H1B visa from march 2007 to sept 2009 and I stayed in USA from may 2007 to june 2009.


My employer is planning to apply for a new H1B and the attorney is saying I'm eligible for non-cap.


I thought I'm not eligible for non-cap bcoz it's been more than 6 years since my H1B got approved.



Please help me here, do I still come under non-cap ? Thank you all for replying 

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