H-1B Dismissed — Accounting: the beneficiary was not eligible for an H-1B extension

Decision Summary

The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 Act. The law requires a labor certification application to have been pending for at least 365 days, but the extension petition was filed before this period had elapsed. The beneficiary's claim of ineffective assistance of counsel was rejected because the petitioner (the employer), not the beneficiary, is the party responsible for filing the labor certification and did not make such a claim.

Criteria Discussed

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