Remanded
L-1B
L-1B Remanded — Unknown (2007): the director's decision was withdrawn and the case remanded
Decision Summary
The director's decision was withdrawn and the case remanded. The director had denied the petition to extend L-1B status, concluding the beneficiary had exhausted the five-year limit without sufficient evidence of time spent abroad that could be 'recaptured'. The AAO found the director erred by not issuing a Request for Evidence (RFE) for the specific dates of absence, as required when initial evidence is missing but ineligibility is not definitively established.
Criteria Discussed
Five-Year Limit For L-1B Recapture Of Time Spent Outside The U.S. Physical Presence Requirement For Extension Of Stay Requirement For Director To Request Additional Evidence Separate Determinations For Petition Extension And Extension Of Stay
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