remanded H-1B Case: Software Development
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Decision Summary
The Director denied the petition, concluding the beneficiary had exhausted the maximum six-year period of H-1B admission. The AAO found this conclusion was incorrect, calculating that the beneficiary's prior time in L-1A status was only 827 days, leaving them with 1,365 days of eligibility, which was sufficient for the requested period. The matter was remanded for a new decision based on this analysis and to also consider if the beneficiary's recent travel abandoned their request for a change of status.
Criteria Discussed
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