H-1B Sustained — Software Development (2095): the 6-year period of authorized admission for an H-1B

Decision Summary

The appeal was sustained because the 6-year period of authorized admission for an H-1B nonimmigrant only accrues during periods when the alien is physically present in the United States. The director incorrectly denied the extension by arguing that time spent abroad for a work assignment did not interrupt employment, but the AAO clarified that any time outside the U.S. does not count toward the 6-year limit and can be recaptured.

Criteria Discussed

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