sustained
H-1B
sustained H-1B Case: Automotive Engineering
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Decision Summary
The appeal was sustained because the director incorrectly determined that the beneficiary's labor certification application had been denied. The AAO found that the director misinterpreted a denial of a 'reduction in recruitment' request as a denial of the entire application. Because the labor certification was, in fact, still pending, the beneficiary was eligible for an H-1B extension beyond the six-year limit under the provisions of AC21.
Criteria Discussed
H-1B Extension Beyond 6 Years Ac21 Eligibility Pending Labor Certification
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