H4 to H1b conversion while Max out

Hi , i completed by 7 years of stay in US and maxed out , had a approved i140 . I resigned to current company and went to india for 3 months and came back on h4 . I got my H4 EAD. so is it possible to apply for H1b cap exempt now ? or should i complete 1 year stay outside Us to be eligible for H1B. Please advise