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 under the remainder option n 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, some say it is based on the date you have left the country , while some say there is no such rule at all. The remainder option could be claimed anytime.
Whats the correct view , so that I could decide on something?