dismissed
H-1B
dismissed H-1B Case: Banking
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
Six-Year Maximum Stay Recapture Of Time Spent Abroad
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