sustained
H-1B
sustained H-1B Case: Software Development
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft with AAO-aware legal structure
MeritDraft helps you turn research into a criteria-based petition draft with organized evidence, legal framing, and attorney-ready structure.
Start a Criteria-Based Draft →No credit card required. Generate your first petition draft in minutes.