H-1B Dismissed — Banking (2005): the AAO agreed with the petitioner's legal argument that

Decision Summary

The AAO agreed with the petitioner's legal argument that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, disagreeing with the director's initial reason for denial. However, the appeal was ultimately dismissed because the petitioner failed to meet the burden of proof by not submitting a clear statement or chart of dates, along with corroborating evidence, to establish the exact amount of time the beneficiary was physically outside the United States.

Criteria Discussed

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