Am I eligible for an exemption for the H1 B visa cap for 2013?

USA H1B Visa
1

I had an H1B visa from company A on which I worked for 2 years in USA between Dec 2004 and Aug 2007 (two 1 year onsite stints). My H1B visa expired in early 2008. I returned to India in Aug 2007, worked in India for the same company A for 4.5 years before coming back to USA in Feb 2012 on L1B visa.

My current L1B visa from company A is valid till end of 2013 while my I-94 is valid til 2015. 
If I want to apply for a position in another US company (Company B) I will need an H1B visa which company B will sponsor.

My question is: 
Will I be exempted from the H1B visa cap for 2013 as I already had an H1B visa and did not exhaust the 6 year stay in USA? 
OR 
Will my H1B petition be considered as a fresh one and be counted in 65000 quota for 2013?

Any guidance on the topic will be much appreciated!
2

Only if you currently have an H1B and are working on it in the US are you cap exempt. You’re currently on an L1 so you’re not exempt. Note your time on the L1 and your previous H1b time all count towards the total H1B time of 6 years.

3

One can file for cap-exempt petition if the previous H-1 petition was approved in last 6 years. As it was more than 6 years ago, you should check w/ attorney if it can still be done. If yes, then employer will have to file for cap-exempt petition along w/ COS from L-1 to H-1.

Also, in this case the 6 year clock will include initial H-1 stay in US and current L-1 stay in US.