H-1B Dismissed — Information Technology (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 that the beneficiary had spent 106 days outside the United States. Without this proof, the beneficiary could not recapture the time to extend his H-1B status eligibility, and therefore had already exceeded the six-year maximum limit, making him ineligible for a further extension under AC21.

Criteria Discussed

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