H-1B Sustained — Medicine (2006): the director initially denied the petition, finding that

Decision Summary

The director initially denied the petition, finding that 365 days had not elapsed between the filing of the labor certification and the filing of the H-1B petition. The AAO sustained the appeal, citing a September 2005 USCIS memorandum which clarified that the extension should be granted if 365 days have passed by the requested employment start date, not necessarily the petition filing date. As the beneficiary met this revised standard, the denial was overturned.

Criteria Discussed

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