Sustained
H-1B
H-1B Sustained — Drug Development: the director initially denied the petition, concluding that
Decision Summary
The director initially denied the petition, concluding that 365 days had not elapsed between the filing of the labor certification and the requested H-1B start date. The AAO sustained the appeal because the beneficiary's actual seventh-year extension period would commence more than 365 days after the labor certification filing, making them eligible for the extension under AC-21.
Criteria Discussed
H-1B Six-Year Limit Ac-21 Extension Beyond Six Years
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