H-1B Sustained — Software Development (2003): the AAO determined that the six-year maximum period of

Decision Summary

The appeal was sustained because the AAO determined that the six-year maximum period of authorized stay for an H-1B nonimmigrant only accrues during periods when the alien is physically present in the United States. The director incorrectly denied the petition, arguing that time spent abroad on a work assignment was not interruptive of employment. The AAO ruled that any time spent outside the U.S. can be 'recaptured,' and since the petitioner provided proof of the beneficiary's 30-day absence, the extension was granted.

Criteria Discussed

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