H-1B Dismissed — Computer Science (2006): did not meet its burden of proof

Decision Summary

The appeal was dismissed because the petitioner failed to meet its burden of proof. Although the AAO agreed that time spent outside the U.S. could be recaptured to extend the H-1B status beyond the six-year limit, the petitioner did not submit sufficient, clear, and corroborating evidence, such as legible passport stamps, to substantiate the specific dates the beneficiary was physically outside the country.

Criteria Discussed

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