H-1B Dismissed — Architecture (2001): 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 American Competitiveness in the Twenty-First Century Act (AC21). The beneficiary had changed status from H-1B to B-2 visitor and was therefore no longer maintaining H-1B status at the time the extension was sought. Maintaining H-1B status is a prerequisite to qualify for such an extension.

Criteria Discussed

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