Sustained
H-1B
H-1B Sustained — Database Administration (2008): the director denied the petition because 365 days had not
Decision Summary
The director denied the petition because 365 days had not elapsed between the filing of the labor certification and the filing of the H-1B extension petition. The AAO sustained the appeal, clarifying that based on CIS policy memoranda, the beneficiary is eligible for an extension as long as the labor certification will have been pending for 365 days by the requested start date of the new H-1B period.
Criteria Discussed
H-1B Extension Beyond 6 Years Ac-21 Eligibility Timing Of 365-Day Pending Period For Labor Certification
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