sustained
H-1B
sustained H-1B Case: Architecture
Decision Summary
The director denied the H-1B extension, believing the beneficiary had exhausted her six years in H status by incorrectly including time spent as an H-4 dependent. The AAO sustained the appeal based on a recent CIS policy memorandum clarifying that time spent in H-4 status does not count against the six-year maximum period of admission for H-1B principals. This recalculation made the beneficiary eligible for the extension.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Eligibility 365-Day Rule For Labor Certification Counting Of Time In H-4 Status
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft with AAO-aware legal structure
MeritDraft helps you turn research into a criteria-based petition draft with organized evidence, legal framing, and attorney-ready structure.
Start a Criteria-Based Draft →No credit card required. Generate your first petition draft in minutes.