H-1B Sustained — Oil And Gas (2006): the director denied the petition, finding the beneficiary

Decision Summary

The director denied the petition, finding the beneficiary had reached the six-year maximum period of admission for an H-1B nonimmigrant. The AAO sustained the appeal, agreeing with the petitioner that time spent physically outside the United States during the H-1B validity period does not count toward the six-year limit and can be recaptured. However, based on the evidence provided (passport stamps), the AAO only found sufficient proof for 74 days of time abroad, and thus approved the petition for that duration.

Criteria Discussed

Sign up free to download the original PDF