H-1B Sustained — Architecture: the director denied the H-1B extension, believing the

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

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