H1b cap exempt

I was on H1b from October 2002 - November 2010 and got my I-140 approved on March 2007, left US on November 2010, since than I am in India.
When I left US, i was still having one more year left in my H1b visa, was valid till October till 2011

Now I am planning to file my H1b visa under H1b cap exempt.
Please advice, am I eligible for H1b cap exempt.