sustained
H-1B
sustained H-1B Case: Construction
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Decision Summary
The Director denied the petition, believing the Beneficiary's prior H-2B stay should count towards the six-year H-1B limitation. The appeal was sustained because the Beneficiary was outside the United States for the three months preceding their H-1B entry, which under the regulations means the prior H-2B time does not count against the limit, making the Beneficiary eligible for the extension.
Criteria Discussed
H-1B Extension Eligibility Six-Year Limitation (Ac21) Counting Prior H-2B Status
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