dismissed
H-1B
dismissed H-1B Case: Banking
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
Six-Year Limit On H-1B Status Recapture Of Time Spent Abroad Burden Of Proof Evidentiary Requirements For Time Abroad
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