H-1B Dismissed — Software Development (2006): did not establish the beneficiary was entitled to recapture

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

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