H-1B Dismissed — Chemistry (2006): the beneficiary had already exceeded the six-year maximum

Decision Summary

The appeal was dismissed because the beneficiary had already exceeded the six-year maximum period of stay allowed in H-1B status. The petitioner's claim for an extension under the American Competitiveness in the Twenty-First Century Act (AC21) was invalid, as no labor certification or employment-based immigrant petition had been filed on the beneficiary's behalf, which is a prerequisite for such an extension.

Criteria Discussed

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