please let me know if i fall under cap exempt category for the following situation:
Had first h1b from 2006 till 2008 - NEVER TRAVELLED TO US
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.
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)