Will I be counted towards the cap If I worked on H1 before?

Hi ,

I worked in the us on H1 from 2001 to 2005 and have a SSN, paid social security for 4 years… My Visa expired i 2006 Will I be cap-exempt if I apply for new H1 ?

Thanks,

MM

U are not Cap-Exempt. Cap-Exempt is only till 6 years from Aproval date… Only Petitions Approved in 2008 or later are Cap-Exempted for now