H1B 6 year cap-exempt re-claim for beyond 6 years stay with breaks


Dastagiri

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Hello,

 

Thanking you in advance in anticipation for the response I would get for my concerns.

 

I stayed in US for 629 days(1 year 8 months and 21 days) on H1B, then I left the country for 5 years and re-entered US again in Dec 2014 by revoking the same H1B under H1B Cap Exempt category and has been living in US till date.

 

As per my visa stamp which is valid till April 2019, I wanted to understand if I am eligible to re-claim the remaining period out of the 6 years of continuous stay allowed as per norms.

 

Would also like to understand if my period of stay was reset in 2009 and I would be eligible to stay for another 6 years from 2014 to 2020, claiming whatever remaining period is left out of the cap of 6 years as I was out of country for more than 5 years between my first and second tenures.

 

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