H-1B Remanded — Computer Software (2006): the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the beneficiary was ineligible for a seventh-year H-1B extension under AC-21 because 365 days had not passed since the labor certification was filed. The AAO determined that the 365-day requirement was met based on when the seventh-year status would actually begin. The case was remanded to adjudicate the remaining issue of whether the position qualifies as a specialty occupation.

Criteria Discussed

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