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

Decision Summary

The appeal was sustained because the AAO determined that the six-year maximum period of H-1B admission only accrues during periods when the alien is physically present in the United States. The director had denied the petition, arguing the beneficiary's time abroad for a work assignment was not interruptive of his employment, but the AAO ruled that any time spent outside the U.S. does not count toward the limit and can be recaptured, regardless of the reason for the absence.

Criteria Discussed

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