Am I eligible for Cap Exempt even if I was out of US for more than 5 yrs?

I had H1B earlier and worked in USA from Aug2005 to Oct 2008.
I came back to India in Dec’2008.My latest H1B petition was valid from Nov’2007 to Oct’2010 .I stayed in US for 3.5 yrs.So there is remaining period of 2.5 yrs in my H1. Can my H1B be extended for another 2.5 yrs( CAP EXEMPT ) by submitting a new petition.?

I never travelled to US after 2008

Please let me know.

Thanks in advance


It hasn’t been 6 years since you left US. So you may be eligible for cap-exempt petition. An attorney can confirm.