Sustained
H-1B
H-1B Sustained — Medicine (2024): the Director incorrectly limited the petition's validity
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
📄 Original decision (USCIS PDF)
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