Validity of H1B after moving out of US for more than 1 year

Hi, I worked in US for 8 years before moving out for personal reasons in Nov 2011. My last H1B is valid till Sept 2013. I also have an approved I-140. I have 2 questions:

  1. Can I use this H1B and be exempt from the cap if I find a job before Sept 2013?

  2. Can I be cap-exempt if I find a job after Sept 2013?



You are cap exempt if you have a prior approved H1b . That is the visa need not be still vaild, but if you have a history of approved H1b you are cap exempt.