Will I be considered H1B cap exempt ????

USA H1B Visa
1

please let me know if i fall under cap exempt category for the following situation:

  1. Had first h1b from 2006 till 2008 - NEVER TRAVELLED TO US

  2. Got my second H1B stamped from 2009 till 2011(This was processes CAP EXEMPT as I had the above H1 earlier) - Travelled ONLY for 3 MONTHS in 2011 and went back to India.

  3. I am now back in US on L1 for the last 2 months, but another employer might be offering me a job.

Would I be considered Cap EXEMPT if i file a change of status from from L1 to H1 ? (The point is i have only used 5 months of my 6 year quota, but my first H1 was stamped 7 years ago)

2

Yes, you can go for cap-exempt route using the petition which was valid from 2009-11. You are eligible for H-1 term of 6 years minus time already spent inside US on H-1 and L-1 visas.