Am I eligible for cap exemption

[venkatNavuluri]

Here are details of my old H1B

I applied my H-1B in 2006 cap and got approved by USCIS  for period 01/10/2006 – 09/30/2009, attended for visa in Feb 2007 got 221g on that asking for more documents from employer they provided documents in March and submitted to embassy.

 

Chennai Embassy get back to me  saying that we can not issue you an H-IB temporary work visa saying that "Your employer does not appear to be either able or willing to provide Qualifying employment for you"

Embassy didn’t stamp anything on my passport for refusal. I came to USA on Sep 2009 on L-1B stayed in USA for 2year 5months overall after that came back to India.

 

Am I eligible under H1Bcap exemption.

 

Thanks in advance for your replies

 

Thanks