dismissed H-1B Case: Accounting

U.S. Citizenship 
and Immigration 
Services 
In Re: 18407281 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 13, 2021 
The Petitioner, an LED lights distributor, seeks to temporarily employ the Beneficiary as a "staff 
accountant" under the H-lB nonimmigrant classification for specialty occupations. Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S .C. § 1101(a)(15)(H)(i)(b). The H-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both (a) the theoretical and practical application of a body of highly specialized knowledge 
and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a 
minimum prerequisite for entry into the position. 
The California Service Center Director approved the Form 1-129, Petition for a Nonimmigrant Worker, 
filed on the Beneficiary's behalf, but denied the request to change the Beneficiary's status. 
The matter is now before us on appeal. We will reject the appeal. 
Although those seeking H-lB status are currently permitted to file one form to request a petition 
extension, extension of stay, and change of status, they are still separate determinations. 8 C.F.R. 
§ 214.2(h)(14); 8 C.F.R. § 214.l(c); 8 C.F.R. § 248.3(a); 8 C.F.R. § 214.2(h)(15)(i). Thus, 8 C.F.R. 
§ 214.2(h)(14) deals only with H-lB petition extensions, 8 C.F .R. § 214. l(c) relates solely to extension 
of stay requests, and 8 C.F.R . § 248 .3(a) addresses change of status requests to H-lB classification. 
There is no provision in the regulations for an appeal from a denial of a change of status and extension 
of stay request. See 8 C.F .R. §§ 214.l(c)(5), 248.3(g); see also DHS Delegation Number 0150.1 
(effective March 1, 2003); 8 C.F.R. § 2.1 (2003). 
The authority to adjudicate appeals is delegated to us by the Secretary of the U.S. Department of 
Homeland Security (DHS) pursuant to the authority vested in him through the Homeland Security Act 
of 2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March I, 2003); see also 
8 C.F.R . § 2.1 (2003). The regulations limit our jurisdiction over petitions for temporary workers to 
those described under 8 C.F.R. §§ 214 .2 and 214 .6. We therefore have no jurisdiction over this matter 
and consequently will address neither (1) the Director's determination regarding the Beneficiary's 
status, nor (2) the claims made on appeal contesting that determination. The Petitioner points to no 
authority for this office to overturn the Director's denial of the Beneficiary's change of status and 
extension of stay. As there is no legal basis for our jurisdiction over the Petitioner's requests the 
appeal must be rejected. 
ORDER: The appeal is rejected. 
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