Remanded
H-1B
H-1B Remanded — Software Development (2023): the Director denied the petition, concluding the
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
H-1B Maximum Period Of Stay Calculation Of Time Spent In L-1A Status Eligibility For Remaining H-1B Time Abandonment Of Change Of Status
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