dismissed
H-1B
dismissed H-1B Case: Software Development
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was dismissed because the petitioner failed to prove the beneficiary was entitled to recapture 127 days spent outside the United States. While the AAO agreed in principle that time spent abroad can be recaptured, the petitioner did not provide sufficient documentary evidence, such as passport stamps or I-94 records, to corroborate the beneficiary's affidavit and meet the burden of proof.
Criteria Discussed
Maximum Period Of Stay (6-Year Limit) Recapture Of Time Spent Abroad Burden Of Proof
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.