My H1b is expired on 30th Sep-2007 Am I eligible to reapply as cap excempted

My H1b is expired in the year 2007.

The approval date is On February 2, 2005

The expiry date is 30th Sep-2007.

I was there in US for three months.

I want to reply Am I eligible to apply as cap Exempted

Could you please help me.

A minimum of 1 year stay in USA is required and cap exempt h1b should have been applied with 6 years since u left USA.

In your case it is around 7.5 years and dint complete 1 year in usa.

So You are not eligible for cap exempt H1B.

I want to see the rule about 6yrs, everyone says but where is that rule, lets understand it properly.