Dismissed
H-1B
H-1B Dismissed — Accounting: the beneficiary was ineligible for an H-1B extension beyond
Decision Summary
The appeal was dismissed because the beneficiary was ineligible for an H-1B extension beyond the six-year limit under AC21. The request was filed less than 365 days after the labor certification application was submitted. The beneficiary's claim of ineffective assistance of counsel for the late filing was rejected because the petitioner (the employer), not the beneficiary, is the party responsible for filing the labor certification and the petitioner made no such claim.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Beyond Six Years 365-Day Rule For Ac21 Ineffective Assistance Of Counsel
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