sustained
H-1B
sustained H-1B Case: Technology
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Decision Summary
The director denied the petition for a seventh-year H-1B extension, believing 365 days had not elapsed between the labor certification filing and the H-1B petition filing. The AAO sustained the appeal, clarifying based on recent policy memoranda that the 365-day period is measured from the labor certification filing to the requested employment start date. Since this condition was met, the beneficiary was eligible for the extension.
Criteria Discussed
H-1B Extension Beyond 6 Years American Competitiveness In The Twenty-First Century Act (Ac-21) 365-Day Rule For Pending Labor Certification
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