H-1B Remanded — Aerospace Engineering (2021): the record was unclear regarding the calculation of the

Decision Summary

The appeal was remanded because the record was unclear regarding the calculation of the beneficiary's maximum six-year H-1B stay. The Director had included the beneficiary's prior H-1B time from 2011-2012, shortening the current validity period. The petitioner argued the six-year clock had reset, but failed to provide evidence that the intervening petition was filed as a new, cap-subject H-1B, which would be necessary to support their claim. The case was sent back for the Director to reconsider the validity period with the potential for new evidence.

Criteria Discussed

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