H1B visa expired about a year and half ago- need help on exempt part

[shiva.george]

Dear Friends,

I'm working with one of the leading IT industry in India and i was granted a H1B visa and went to USA and worked there for newarly 2 1/2 year. after that i returned to India and my visa got expired, and it's almost 1 1/2 year since it was expired.

My questions are
1) Am i eligible for applying H1B-Exempt category
2) If yes, can i apply at any time throughout the year, even the annual quota(65000) is reached.
3) Should i have apply through the same employer through which i've got the initial visa, or any employer can apply for me

Thanks in advance for your help
Siva

[kabkaba]

1. Yes
2. Yes, before 6 years after previous petition expiry
3. Any employer can file for you