H1B extension Expired , can it be reapplied under non cap for FY2014-15

I had H1B visa from 2005-2008 and then extension from 2008-2011. I came back to india in 2009 and visited only for 1 month in 2010. If i need to apply for a new petition will it be under non cap?

Also i have I140 approved from the previous employer, can i get my H1 from new company?