sustained
H-1B
sustained H-1B Case: Drug Development
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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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