Can H4-H1 transfer come under H1 CaP Exempt Category?

I am currently on H4, Have got 8.5 years of IT experience, Since the current Quotafor H1 is already full, When can i apply for H4 to H1 Visa Transfer.

Does this H1 Quota Cap includes Fresh H1 only or H4 to H1 as well?

What are the cases which come under H1 Cap Exempt case?