Sustained
H-1B
H-1B Sustained — Computer Software: the director denied the petition because the beneficiary's
Decision Summary
The director denied the petition because the beneficiary's labor certification had not been pending for 365 days at the time the H-1B extension petition was filed. The AAO sustained the appeal, referencing a CIS policy memorandum which clarified that the beneficiary is eligible for the extension as long as the labor certification has been pending for 365 days by the start date of the requested employment period, a condition the beneficiary met.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Labor Certification Pending Period
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