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Aytes Memo - remainder option question

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  • Aytes Memo - remainder option question

    As per the aytes memo , an alien who has previously been admitted to the US on an H1b and who has remained outside the US for a year and who has not completed his 6 yr can opt for the remainder option .
    My question is there some time limit till when the remainder option is available to the petitioner ?

    Say if the petitioner was on h1b status for 1 yr more than 8 yrs back and from then on he has been out side the US , can he file a new petition claiming the remainder 5 yrs though it is more than 8 yrs since his original petition expired ?