Sustained
H-1B
H-1B Sustained โ Unspecified (2022): the Director incorrectly calculated the beneficiary's
Decision Summary
The appeal was sustained because the Director incorrectly calculated the beneficiary's six-year maximum period of stay. The Director had shortened the requested validity period by improperly excluding travel days from the time that could be 'recaptured.' The AAO recalculated the beneficiary's time in the U.S. and abroad, determined that the petitioner's originally requested end date was permissible, and approved the full period.
Criteria Discussed
Maximum Period Of Stay Six-Year Limitation Recapture Of Time Spent Abroad
๐ Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions โ