Remanded
H-1B
H-1B Remanded — Unknown (2023): both the Petitioner and the Director miscalculated the
Decision Summary
The appeal was remanded because both the Petitioner and the Director miscalculated the beneficiary's remaining H-1B time. While the AAO rejected the petitioner's argument to recapture time spent in the U.S. during a grace period, its own recalculation determined the beneficiary was eligible for a longer period than the Director had approved. The case was sent back for the Director to issue a new approval with the corrected validity period.
Criteria Discussed
Six-Year Limitation On Stay Recapture Of Time Spent Outside The U.S. Calculation Of Maximum Admission Period Authorized Grace Periods Vs. Authorized Admission
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