Am I cap exempt for second new 6 year H1B?

I was on H1b and used 5 years and 10 months. Then I came to India and completed more than 2 and half years here. Now I want to apply for new H1b for 6 years (I dont want to use the remaining 2-3 months)

Question is, for a second 6 year H1b visa, am I cap exempt???

Also how can it benefit me if I have approved I-140 but from another employer.(employer other than one who will now file new h1b)

Please help.

Thanks in advance.

You will have to go through the cap again in order to get another 6 years of H-1. If you go cap-exempt route, then your clock will not be reset and you will receive only remaining few months.

Having approved I-140 allows the employer to ask for a term going beyond the max 6 year period. They can ask for a 3 year extension.