H-1B Sustained — Broadcast Journalism (2006): the director denied the H-1B extension, concluding that 365

Decision Summary

The director denied the H-1B extension, concluding that 365 days had not passed between the filing of the labor certification and the filing of the petition. The AAO sustained the appeal, citing CIS policy memoranda that clarify the 365-day period is calculated from the labor certification filing to the requested employment start date, not the petition's filing date. Since this condition was met, the beneficiary was eligible for the extension beyond the six-year limit.

Criteria Discussed

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