Cap Exempt Question

[prao81]

I had an H1b petition from OCt 2005 - Apr 2008 and I spent less than a year on that visa in the US.

So my question is can a new employer file a cap exempt petition on my behalf ?

I have seen two conflicting opinions in this forum on this

One says since it is more than 6 years since the petition was file (OCt 2005 + 6 years) , I am not eligible

while a post from kabkaba says a person is eligible even though its more than 8 yrs since his petition was approved.

Whats the correct view , so that I could decide on something?

http://www.immihelp.com/forum/showth...701#post253849

[kabkaba]

The rules are not very clear on this. They may go by either the start date or by the end date of the previous petition. If you find a job, have the employer talk this with their lawyer.

[prao81]

remainder option

to avail the remainder option is it necessary the new petition be filed by the same employer who filed the original petition.

[kabkaba]

No, any employer can file it.