sustained
H-1B
sustained H-1B Case: Information Technology
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Decision Summary
The director denied the petition, finding that 365 days had not elapsed between the filing of the labor certification and the filing of the instant petition. The AAO sustained the appeal, clarifying that under relevant CIS guidance (AC-21), the beneficiary is eligible for an extension because the labor certification was filed more than 365 days before the requested employment start date, not the petition filing date.
Criteria Discussed
H-1B Six-Year Limit Ac-21 Extension Beyond Six Years 365-Day Rule For Pending Labor Certification
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