H-1B Dismissed — Finance (2006): did not meet the evidentiary burden of proof

Decision Summary

The appeal was dismissed because the petitioner failed to meet the evidentiary burden of proof. Although the AAO agreed that time spent outside the U.S. during an H-1B period can be 'recaptured,' the petitioner submitted voluminous, disorganized evidence without clearly identifying or cross-referencing which documents supported each of the 43 claimed periods of absence.

Criteria Discussed

Sign up free to download the original PDF