6 months left in expired visa : H1b cap exempt

USA H1B Visa
1

Hi there,

I returned to India in Nov 2010, my visa got expired in march 2011. So eventually I have around 5-6 months of "US time" for that visa. 

 

If I ask another employer to file for h1, will I be coming under the cap?

 

Appreciate your response on this.
2

If Ur H1B filed in 2008 or after U will come under Cap-Exempt… Cap-Exemption is for 6 years from H1B approval date…