sustained
H-1B
sustained H-1B Case: Data Engineering
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Decision Summary
The Director granted a shorter H-1B extension than requested, only accounting for time the beneficiary could recapture. The petitioner appealed, successfully arguing that the beneficiary was eligible for a longer extension under AC21 section 106(a) because a labor certification had been pending for at least 365 days, entitling them to an additional year.
Criteria Discussed
H-1B Six-Year Limitation Ac21 Extension Pending Labor Certification Recapture Of Time
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