sustained
H-1B
sustained H-1B Case: Computer Science
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Decision Summary
The director denied the petition, reasoning that 365 days had not passed between the filing of the labor certification and the petition's requested start date. The AAO sustained the appeal, finding that the beneficiary was eligible for the extension because their seventh year of H-1B status would commence more than 365 days after the labor certification was filed, even if the requested start date on the form was earlier.
Criteria Discussed
H-1B 6-Year Limit Ac-21 Extension Beyond 6 Years Pending Labor Certification For 365+ Days Timing Of Extension Request
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