sustained
H-1B
sustained H-1B Case: Software Development
Decision Summary
The director denied the petition, believing it was filed after the beneficiary's H-1B status had expired. The AAO sustained the appeal because a separate, successful appeal had established that the beneficiary's status was valid until the exact day the current extension petition was filed. The AAO also found that a labor certification application had been pending for over 365 days, making the beneficiary eligible for the H-1B extension beyond six years under AC21.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Eligibility Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
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