H-1B Sustained — Construction (2016): the Director denied the petition, believing the

Decision Summary

The Director denied the petition, believing the Beneficiary's prior H-2B stay should count towards the six-year H-1B limitation. The appeal was sustained because the Beneficiary was outside the United States for the three months preceding their H-1B entry, which under the regulations means the prior H-2B time does not count against the limit, making the Beneficiary eligible for the extension.

Criteria Discussed

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