New H1B with in six years

[rdevatha]

Entered US in December 2007 and left US on May 2011. while leaving to India in May 2011, My petition was valid till Feb 2014. I stayed in India from May 2011 till April 2013(23 Months). Re-entered US with the same old petition. am i eligible to apply for new H1B under cap exemption with another employer? if I am eligible for new H1B, as per rules for how many years  I am eligible for new H1B approval?

[t75]

Are you working for you old employer?  You entered illegally using the old approval if you are not actively employed with that sponsor.

[jairichi]

Entered US in December 2007 and left US on May 2011. while leaving to India in May 2011, My petition was valid till Feb 2014. I stayed in India from May 2011 till April 2013(23 Months). Re-entered US with the same old petition. am i eligible to apply for new H1B under cap exemption with another employer? if I am eligible for new H1B, as per rules for how many years  I am eligible for new H1B approval?

If you have used the max allowed stay of 6 years on H1B then you need to stay outside US for 365 days before a cap subject H1B petition could be filed to get fresh 6 years.

[rdevatha]

Are you working for you old employer?  You entered illegally using the old approval if you are not actively employed with that sponsor.

Yes I entered legally with old employer. I am still working for the same employer.