sustained
H-1B
sustained H-1B Case: Medicine
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Decision Summary
The director denied the H-1B extension because less than 365 days had passed between the filing of the alien labor certification and the filing of the H-1B petition. The AAO sustained the appeal, citing a recent CIS policy memorandum which clarified that the extension can be granted if the 365-day period is met by the requested employment start date, not necessarily by the H-1B petition filing date.
Criteria Discussed
H-1B Extension Beyond 6 Years American Competitiveness In The Twenty-First Century Act (Ac21) 365-Day Rule For Labor Certification Or Immigrant Petition Filing
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