H-1B Sustained — Unknown (2022): the Director had improperly shortened the requested H-1B

Decision Summary

The appeal was sustained because the Director had improperly shortened the requested H-1B extension period. The AAO reviewed the calculation for recapturing time spent outside the United States and determined that the beneficiary had accrued enough recapture days (1,048) to cover the full period requested in the petition (905 days). Therefore, the original requested end date was permissible.

Criteria Discussed

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