H-1B Dismissed — Banking (2005): although the AAO agreed with the petitioner that time spent

Decision Summary

Although the AAO agreed with the petitioner that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, the appeal was dismissed. The petitioner failed to meet the burden of proof by not providing sufficient evidence, such as a clear statement or chart of dates with corroborating passport stamps, to establish the exact number of days the beneficiary was physically outside the country.

Criteria Discussed

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