I had H1B June 2007-May 2010. I used it for a few months in 2008 (March til December same year). Will I be eligible for cap exemption now? 6 years 11 months have lapsed since my last H1B exit but petition expiry was 5 years 7 months ago.
You left US in Dec 2008. To be cap-exempted, your H-1 should have been filed prior to Dec 2014.
However, it is still worth a shot exploring the cap-exempt opportunity and contacting an employer whose attorney can guide you through this and frame a petition for the same.
It is becoming increasingly difficult for employers to get new H-1 candidates because of lottery. It is in their best interests as well to go for cap-exempted professionals and give it a shot even if there is a 50-50 chance.