H-1B Dismissed — Computer Consulting (2015): 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 section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21). The AAO determined that this provision only applies to individuals who are already in, or have previously held, H-1B status. Since the beneficiary had never been granted H-1B status, he could not receive an 'extension' of that status.

Criteria Discussed

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