dismissed
H-1B
dismissed H-1B Case: Benefits Management
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Decision Summary
The appeal was dismissed because the beneficiary had reached the maximum six-year period of stay in H-1B status. The petitioner sought an extension under the AC21 Act, arguing a pending motion to reconsider their denied I-140 petition qualified them, but the director and the AAO determined that a denied I-140 is a final decision, making the beneficiary ineligible for an extension.
Criteria Discussed
Six-Year Limit On H-1B Stay Ac21 Extension Beyond Six Years Pending I-140 Petition Final Decision On Underlying Petition
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