H-1B Sustained — Unknown (2022): the appeal concerned the length of the H-1B approval period

Decision Summary

The appeal concerned the length of the H-1B approval period. The Director had approved a shorter validity period than requested, disagreeing with the petitioner's calculation of time eligible for recapture. On appeal, the petitioner provided sufficient evidence, such as passport stamps and flight itineraries, to prove the beneficiary was eligible to recapture 133 days spent outside the U.S., and the appeal was therefore sustained to grant the full period originally requested.

Criteria Discussed

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