H-1B Sustained — Software Engineering (2006): the director denied the petition to extend H-1B status

Decision Summary

The director denied the petition to extend H-1B status beyond the six-year limit, finding that the beneficiary's labor certification had not been pending for 365 days at the time the petition was filed. The AAO sustained the appeal, clarifying that under the American Competitiveness in the 21st Century Act (AC21) and relevant guidance, the 365-day requirement is met if the labor certification has been pending for that period by the requested employment start date, which was the case here.

Criteria Discussed

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