dismissed
H-1B
dismissed H-1B Case: Accounting
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
H-1B Extension Beyond 6 Years Ac21 Requirements Pending Labor Certification For 365+ Days Specialty Occupation
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