Remanded
H-1B
H-1B Remanded — Technology (2023): the Director's calculation of the beneficiary's remaining
Decision Summary
The appeal was remanded because the Director's calculation of the beneficiary's remaining H-1B time was likely incorrect. The Director assumed the H-1B period began on the approval date of the first petition, but evidence suggested the beneficiary remained in F-1 OPT/STEM OPT status after that date. The AAO found the record insufficient to definitively establish the actual start date of the H-1B status and sent the case back for a new decision based on a more thorough analysis.
Criteria Discussed
H-1B Six-Year Limitation Recapture Of Time Spent Outside The U.S. Determination Of H-1B Start Date Maintenance Of Status F-1 Opt/Stem Opt Status
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