am I eligible for H1 exempt...old H1 expired in 2007

I had a H1 visa in the year 2004 and it expired in 2007. I had used only one year of it as I had to return to India in 2005 for a family emergency. I again went to US on L2 visa ( dependent on my husband’s L1) in 2009 and returned to India in may 2012.

Now can I apply for a new H1 visa under the cap exempt, since I already had a H1 visa previously?