H1B expired now if I will apply a fresh H1B will that comes under CAP?

I worked in H1B almost 14 months but H1B expired now if I will apply a fresh H1B will that comes under CAP?

Also it is possible that my H1 can be tranfered. It was stamped in Oct 2006 and expired in May 09.



 



I was there in Feb 2008 - May 2009

It will be cap-exempt and not subject to April filing and October start date.

The new petition can either be filed by same employer (extension) or a new one (transfer + extension).