H-1B Dismissed — Accounting (2006): did not establish a labor certification application on the

Decision Summary

The appeal was dismissed because the petitioner failed to prove that a labor certification application on the beneficiary's behalf had been pending for at least 365 days, a requirement for an H-1B extension beyond the six-year limit under AC21. The evidence submitted was insufficient, and even if the claimed filing date was accepted, it did not meet the 365-day requirement before the requested employment start date.

Criteria Discussed

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