dismissed
H-1B
dismissed H-1B Case: Computer Consulting
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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
Extension Of Stay Beyond Six-Year Limit Ac21 Eligibility Beneficiary'S Current Nonimmigrant Status Statutory Interpretation Of Ac21
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