sustained
H-1B
sustained H-1B Case: Software Development
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Decision Summary
The director denied the petition, believing the beneficiary's H-1B status had expired before the extension was filed. The AAO sustained the appeal, finding that a separate, prior appeal had established the beneficiary's status was valid on the date of filing. The AAO also confirmed that a labor certification had been pending for over 365 days, qualifying the beneficiary for an extension under AC21.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Beyond Six Years Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
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