H-1B Sustained — Speech Language Pathology (2006): the director denied the petition because the beneficiary

Decision Summary

The director denied the petition because the beneficiary had already been in the U.S. for over six years, the maximum period for H-1B status. The AAO sustained the appeal, finding the beneficiary was eligible for an extension beyond six years under the American Competitiveness in the 21st Century Act (AC21) because a labor certification application had been pending on her behalf for more than 365 days.

Criteria Discussed

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