H-1B Dismissed — Computer Science (2006): did not establish sufficient evidence to support the claim

Decision Summary

The appeal was dismissed because the petitioner failed to provide sufficient evidence to support the claim of recapturing 75 days the beneficiary spent outside the United States. Although the AAO acknowledged the principle of recapturing time, the petitioner did not submit adequate documentation, such as airline tickets or other proof of departure dates, to substantiate the claim and meet the burden of proof.

Criteria Discussed

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