H-1B Sustained — Education (2006): the appeal was sustained upon reconsideration based on new

Decision Summary

The appeal was sustained upon reconsideration based on new CIS guidance. Initially, the petition was denied because 365 days had not elapsed between the filing of the labor certification and the filing of the H-1B extension. The new guidance clarified that the 365-day period should be measured up to the requested start date of the H-1B extension, which made the beneficiary eligible.

Criteria Discussed

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