Under the prior rules, you had to be in H-1B status and your six years of H-1B time had to be ending within 60 days. As of March 2, 2009, you are also eligible if you're no longer in H-1B status and your six years are finished. So, for example, if you used up your H-1B time and switched to another non-immigrant status or you left the country, you should be eligible. The press release and fact sheet can be found here.