Hi nelsona, it was not me who asked the question about cap exempt. I believe it was user 'snehatest'. I am in a similar situation.
I got the following reply from our company's lawyers:
"you will be subject to the lottery if it has been six years or more since you were last counted against the H-1B cap or last held H-1B status"
In August 2009, my H-1B (extension) visa was rejected and my H-1B petition might have been revoked (no clue about its current status). Currently USCIS website says the following:
"Response To USCIS' Request For Evidence Was Received
On February XX, 2010, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXX. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to
www.uscis.gov/addresschange to give us your new mailing address."
I only used 3.5 years in 6 years of my previous H-1B. Please suggest.
I apologize for posting here.