sustained
H-1B
sustained H-1B Case: Speech Language Pathology
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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
Six-Year Maximum Stay Ac21 Extension Beyond Six Years Pending Labor Certification For Over 365 Days
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