remanded
H-1B
remanded H-1B Case: Medicine
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Decision Summary
The Director approved the petition for a shorter validity period than requested, incorrectly calculating the beneficiary's remaining H-1B time. The AAO found that the beneficiary was eligible for a new six-year period of H-1B stay, having been outside the U.S. for over a year, and the petitioner's requested dates fell within this new period. The case was remanded for a new decision reflecting the correct validity period.
Criteria Discussed
Six-Year Limitation On H-1B Stay Recapture Of Time Eligibility For New Six-Year Period After One Year Abroad
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