H1b cap exempt valid?

[ap_reddy]

Experts,
My friend did his Masters in US and had H1B in FY-2011 Quota.
H1B stamping was on Apr/2011 valid till Dec/2011.
He used his H1B only for 6 months(Oct/2010 to Dec/2010 and Apr/2011 to Jul/2011).
He left US on July/2011 for personal reasons.
Now he wants to come back to US.

Can a new or old employer file h1b cap exempt petition since he used only 6 months on the old petition or he has to go through the CAP again as the old one was more than 6 years old?

Your help is highly appreciated.

[raghvi]

Experts,
My friend did his Masters in US and had H1B in FY-2011 Quota.
H1B stamping was on Apr/2011 valid till Dec/2011.
He used his H1B only for 6 months(Oct/2010 to Dec/2010 and Apr/2011 to Jul/2011).
He left US on July/2011 for personal reasons.
Now he wants to come back to US.

Can a new or old employer file h1b cap exempt petition since he used only 6 months on the old petition or he has to go through the CAP again as the old one was more than 6 years old?

Your help is highly appreciated.

He would be considered cap exempt only if his employer files a cap exempt petition before July 2017 (6 Years from last held valid H1 status).Beyond July 2017 he would have to go through fresh cap.

This is my opinion not legal advice.