sustained
H-1B
sustained H-1B Case: Medicine
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Decision Summary
The appeal was sustained because the Director incorrectly limited the petition's validity period. The AAO found that the Beneficiary was eligible for an H-1B extension beyond the standard six-year maximum because a qualifying I-140 immigrant petition had been filed more than 365 days before the end of their six-year period, meeting the requirements for the lengthy adjudication delay exemption.
Criteria Discussed
H-1B Six-Year Limitation Exemption For Lengthy Adjudication Delays Exemption For Per-Country Limitations Timing Of Filing For Extension Beyond The Sixth Year
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