Sustained
H-1B
H-1B Sustained — Computer Consulting: the director denied the extension because the H-1B petition
Decision Summary
The director denied the extension because the H-1B petition was filed less than 365 days after the labor certification application. The AAO sustained the appeal, clarifying that under AC21, eligibility for the extension is determined by whether the requested employment start date is at least 365 days after the labor certification filing, a condition which the petitioner met.
Criteria Discussed
Extension Of Stay Beyond Six Years Ac21 Eligibility 365-Day Rule For Pending Labor Certification
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